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R-02-10-10-13D6 - 10/10/2002RESOLUTION NO. R- 02- 10- 10 -13D6 WHEREAS, the City of Round Rock desires to protect and preserve historic properties that are part of a defined historic district or are designated by the City Council as a protected historic landmark, and WHEREAS, the Corps of Engineers (CE) administers the permit programs authorized by Section 404 of the Clean Water Act; and WHEREAS,the CE has determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International & Great Northern (now Union Pacific, UP) Railroad Bridge (Bridge), a historic property eligible for inclusion in the National Register of Historic Places, will have an effect upon the Bridge, and has consulted with the Texas State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f), 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 Memorandum of Agreement between The United States Army, Corps of Engineers, Fort Worth District, The Texas State Historic Preservation Officer for Documentation and Treatment of The Union Pacific Railroad Bridge over Brush Creek, Round Rock, 0: \rdox \RESOLUTI \R3101006. Williamson County, Texas, a copy of sa±d temurandum of AyLeemenU being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 10th day of October, 2002. AT. EST: CHRISTINE R. MARTINEZ, City Secret -f f y 2 MAXWELL, Mayor City of Round Rock, Texas between THE UNITED STATES ARMY, CORPS OF ENGINEERS, FORT WORTH DISTRICT, THE TEXAS STATE HISTORIC PRESERVATION OFFICER and THE CITY OF ROUND ROCK, TEXAS for DOCUMENTATION AND TREATMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER BRUSHY CREEK, ROUND ROCK, WILLIAMSON COUNTY, TEXAS WHEREAS, the Corps of Engineers (CE) administers the permit programs authorized by Section 404 of the Clean Water Act; and WHEREAS, the CE has determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International & Great Northern (now Union Pacific, UP) Railroad Bridge (Bridge), a historic property eligible for inclusion in the National Register of Historic Places, will have an effect upon the Bridge, and has consulted with the Texas State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); NOW, THEREFORE, the CE, the Texas SHPO, the City of Round Rock, and the Council agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the Undertaking on this historic property. I. IMPLEMENTATION out: MEMORANDUM OF AGREEMENT (MoA) 2002 Stipulations The City will ensure that the following measures are carried II. DOCUMENTATION The City will ensure that the Bridge is documented in accordance with Historic American Engineering Record (HAER) guidelines as determined by the SHPO (HAER Level II), prior to any alterations. s EXHIBIT IIAn III. TREATMENT The City shall monitor proposed changes to the Bridge through planning and construction, to ensure that the City's necessary modifications are sensitive, so far as possible, to the historic integrity of the structure and follow, where possible, the Secretary of the Interior's Standards for Rehabilitation. IV. REPORT FORMS, PHOTOGRAPHS AND DRAWINGS The City will ensure that all reports resulting from actions pursuant to this MoA are submitted in draft to the SHPO for review and comment. SHPO will have one 30 -day period following receipt of the draft report to submit any final comments to the City. The City will modify the draft report in accordance with any final comments received, and will provide the original copy of the final report upon completion to SHPO, with original negatives and photographic prints, and one copy to UP as property owner. Failure of SHPO to comment within the review time frame specified herein (thirty [30] days) will be deemed by the City to constitute acceptance of the draft report and shall not preclude the City from issuing the report in final form. If the City objects to revising the draft report in accordance with SHPO comments, the City will proceed in accordance with Stipulation VIII., below, pertaining to the dispute resolution. V. REPOSITORY The City will ensure that copies of the final report, photographs, and drawings will be submitted to the City's Library (one copy) and the DeGoyler Library's Transportation Collection, Southern Methodist University in Dallas (one copy), for accession. VI. INTERPRETATION The City will supply one copy of the final report and photographs to the Williamson County Historical Commission as application for an Official State Historical Marker to commemorate railroad history in Round Rock. The City will pay the Texas Historical Commission's standard fee for the approved marker, and the City will mount the marker at a suitable 2 accessible location as close as possible to the Bridge upon completion of the undertaking. VII. CHANGES TO AGREEMENT The signatories shall accomplish modification, amendment, or termination of this agreement as necessary in the same manner as the original agreement. VIII. DISPUTE RESOLUTION The signatories shall resolve disputes regarding the completion of the terms of this agreement. If the signatories cannot agree regarding a dispute, any one of the signatories may request the participation of the Council to assist in resolving the dispute. IX. TERMINATION If either the City or the SHPO believes that the terms of this MoA cannot be carried out, that party shall immediately consult with the other to reconsider the terms of the MoA and to develop amendments in accordance with 36 CFR 800.6(c)(7) and 36 CFR 800.6(c)(8). If this MoA is not amended as provided for in this stipulation, either the City or the SHPO may terminate it, whereupon the City will proceed in accordance with 36 CFR 800(c)(8). X. DURATION Unless terminated pursuant to Stipulation IX., above, this MoA will be in effect through the City's implementation of the stipulations of this MoA and will terminate and have no further force or effect when the City, in consultation with the SHPO, determines that the terms of this MoA have been fulfilled in a satisfactory manner. The City will provide the SHPO with written notice of its determination and of termination of this MoA. EXECUTION of this Memorandum of Agreement by the City, and the SHPO, its transmittal to the Council, and subsequent implementation of its terms, evidence that the City has afforded the Council an opportunity to comment on the Undertaking and its 3 effects on historic properties, that the City has taken into account the effects on historic properties of implementation of the A.W. Grimes Boulevard modifications to the Bridge, and that the City has satisfied its responsibilities under Section 106 of the National Historic Preservation Act of 1966 (as amended) and applicable implementing regulations. CORPS OF ENGINEERS By: TEXAS STATE HISTORIC PRE�Ep�Aa'ION OFFICER By: 4 Date: Date: r c ? - CJZ — ." Concur: CITY OF ROUND ROCK, TEXAS By: Date: Union Pacific Railroad Bridge Historical Marker a � nd Ro `6 � �.ti coma 10.10-01av DATE: October 4, 2002 SUBJECT: City Council Meeting — October 10, 2002 ITEM: 13.D.6. Consider a resolution authorizing the Mayor to execute a Memorandum of Agreement with the United States Army, Corps of Engineers, and the Texas State Historic Preservation Officer to allow for modification to the Union Pacific Railroad Bridge. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Tom Word, Director of Transportation Services History: The Corp of Engineers has determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International & Great Northern (now Union Pacific, UP) Railroad Bridge (Bridge), a historic property eligible for inclusion in the National Register of Historic Places, will have an effect upon the Bridge and has consulted with the Texas State Historic Preservation Officer (HSPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470F). Funding: Cost: $1,350 Source of funds: Transportation System Development Corporation Outside Resources: US Army Corp of Engineers, TX State Historic Preservation Commission Officer, Hicks & Company Impact:Benefit: This will allow for the preservation of a historic bridge yet permit the much needed construction of the north -south arterial A.W. Grimes in a timely manner. Public Comment: N/A Sponsor: N/A MEMORANDUM OF AGREEMENT (MoA) between THE UNITED STATES ARMY, CORPS OF ENGINEERS, FORT WORTH DISTRICT, THE TEXAS STATE HISTORIC PRESERVATION OFFICER and THE CITY OF ROUND ROCK, TEXAS for DOCUMENTATION AND TREATMENT OF THE UNION PACIFIC RAILROAD BRIDGE OVER BRUSHY CREEK, ROUND ROCK, WILLIAMSON COUNTY, TEXAS 2002 WHEREAS, the Corps of Engineers (CE) administers the permit programs authorized by Section 404 of the Clean Water Act; and WHEREAS, the CE has determined that permitting the construction of A.W. Grimes Boulevard across Brushy Creek and beneath the 1905 International & Great Northern (now Union Pacific, UP) Railroad Bridge (Bridge), a historic property eligible for inclusion in the National Register of Historic Places, will have an effect upon the Bridge, and has consulted with the Texas State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); NOW, THEREFORE, the CE, the Texas SHPO, the City of Round Rock, and the Council agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the Undertaking on this historic property. I. IMPLEMENTATION out: Stipulations The City will ensure that the following measures are carried II. DOCUMENTATION The City will ensure that the Bridge is documented in accordance with Historic American Engineering Record (HAER) guidelines as determined by the SHPO (HAER Level II), prior to any alterations. /�- oz -/o -/o -/306 .4 III. TREATMENT The City shall monitor proposed changes to the Bridge through planning and construction, to ensure that the City's necessary modifications are sensitive, so far as possible, to the historic integrity of the structure and follow, where possible, the Secretary of the Interior's Standards for Rehabilitation. IV. REPORT FORMS, PHOTOGRAPHS AND DRAWINGS The City will ensure that all reports resulting from actions pursuant to this MoA are submitted in draft to the SHPO for review and comment. SHPO will have one 30 -day period following receipt of the draft report to submit any final comments to the City. The City will modify the draft report in accordance with any final comments received, and will provide the original copy of the final report upon completion to SHPO, with original negatives and photographic prints, and one copy to UP as property owner. Failure of SHPO to comment within the review time frame specified herein (thirty [30] days) will be deemed by the City to constitute acceptance of the draft report and shall not preclude the City from issuing the report in final form. If the City objects to revising the draft report in accordance with SHPO comments, the City will proceed in accordance with Stipulation VIII., below, pertaining to the dispute resolution. V. REPOSITORY The City will ensure that copies of the ,final report, photographs, and drawings will be submitted to the City's Library (one copy) and the DeGoyler Library's Transportation Collection, Southern Methodist University in Dallas (one copy), for accession. VI. INTERPRETATION The City will supply one copy of the final report and photographs to the Williamson County Historical Commission as application for an Official State Historical Marker to commemorate railroad history in Round Rock. The City will pay the Texas Historical Commission's standard fee for the approved marker, and the City will mount the marker at a suitable 2 accessible location as close as possible to the Bridge upon completion of the undertaking. VII. CHANGES TO AGREEMENT The signatories shall accomplish modification, amendment, or termination of this agreement as necessary in the same manner as the original agreement. VIII. DISPUTE RESOLUTION The signatories shall resolve disputes regarding the completion of the terms of this agreement. If the signatories cannot agree regarding a dispute, any one of the signatories may request the participation of the Council to assist in resolving the dispute. IX. TERMINATION If either the City or the SHPO believes that the terms of this MoA cannot be carried out, that party shall immediately consult with the other to reconsider the terms of the MoA and to develop amendments in accordance with 36 CFR 800.6(c)(7) and 36 CFR 800.6(c)(8). If this MoA is not amended as provided for in this stipulation, either the City or the SHPO may terminate it, whereupon the City will proceed in accordance with 36 CFR 800(c)(8). X. DURATION Unless terminated pursuant to Stipulation IX., above, this MoA will be in effect through the City's implementation of the stipulations of this MoA and will terminate and have no further force or effect when the City, in consultation with the SHPO, determines that the terms of this MoA have been fulfilled in a satisfactory manner. The City will provide the SHPO with written notice of its determination and of termination of this MoA. EXECUTION of this Memorandum of Agreement by the City, and the SHPO, its transmittal to the Council, and subsequent implementation of its terms, evidence that the City has afforded the Council an opportunity to comment on the Undertaking and its 3 effects on historic properties, that the City has taken into account the effects on historic properties of implementation of the A.W. Grimes Boulevard modifications to the Bridge, and that the City has satisfied its responsibilities under Section 106 of the National Historic Preservation Act of 1966 (as amended) and applicable implementing regulations. CORPS OF ENGINEERS By: ION OFFICER By: Date: J "^"—'" TEXAS STATE HISTORIC PR Concur: CITY OF R By: RO ��L. Date: '20. 4 Date: /©J /C.' Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. October 21, 2002 Mr. Wayne Lea Department of the Army Fort Worth District Corps of Engineers P.O. Box 17300 Fort Worth, TX 76102 -300 Dear Mr. Lea: The Round Rock City Council approved Resolution No. R- 02- 10 -10- 13D6 at their regularly scheduled meeting on October 10, 2002. This resolution approves a Memorandum of Agreement between The United States Army, Corps of Engineers, Fort Worth District, The Texas State Historic Preservation Officer for Documentation and Treatment of The Union Pacific Railroad Bridge over Brushy Creek, Round Rock, Williamson County, Texas. Mayor Enclosed is a copy of the resolution and agreement for your files. If you Nyle Maxwell have any questions, please do not hesitate to contact Tom Word at Mayor Pro -tem 218 -5562. Tom Nielson Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.540o • Fax: 512.218.7097 • www.ci.round- rock.tx.us Mayor Pro-rem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. October 21, 2002 City Manager Robert L. Bennett. Jr. Enclosure Linda Roark Preservation Specialist Texas Historical Commission P.O. Box 12276 Austin, TX 78711 -2276 Dear Mrs. Roark: The Round Rock City Council approved Resolution No. R- 02- 10 -10- 13D6 at their regularly scheduled meeting on October 10, 2002. This resolution approves a Memorandum of Agreement between The United States Army, Corps of Engineers, Fort Worth District, The Texas State Historic Preservation Officer for Documentation and Treatment of The Union Pacific Railroad Bridge over Brushy Creek, Round Rock, Williamson County, Texas. Enclosed is a copy of the resolution and agreement for your files. If you Ma have any questions, please do not hesitate to contact Tom Word at Nyle Maxwell 218 -5562. Christine R. Martinez City Secretary CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone; 512.218.5400 • Fax 512.218.7097 • www_ci.round- rock.tx.us TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation L lam• 'I le: ( IF 7' . 1 THE FOLLOWING ITEMS ARE ATTACHED: REMARKS: COPY TO: Files M 11 IF F L Rick Perry • Governor John L. Nau, 111 • Chairman F. Lawerence Oaks • Executive Director TO: Mr. Wayne Lea Department of the Army Fort Worth District Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102 -300 DATE: August 9, 2002 ATTENTION: RE: Arterial B Roadway, Round Rock Williamson County (COE/106) COPIES DESCRIPTION original Memorandum of Agreement regarding subject project with original signatures Please have the City of Round Rock representative sign the MOA and return a completed copy to the Texas Historical Commission for our records. For future reference, typically one original document is signed for each of the MOA signatories, so that each may have an original for their files. SIGNED: Linda Roark TITLE: Preservation Specialist P.O. Box 12276 • AUSTIN, TEXAS 78711 -2276 • 512/463 -6094 • FAX 512/463 -6095 • no 1- 800/735 -2989 www.thc.state.tx.us AUG 15 2002 TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation °17 1'll Phi T 7 . l� TO: Mr. Wayne Lea Department of the Army Fort Worth District Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102 -300 DATE: August 9, 2002 ATTENTION: RE: Arterial B Roadway, Round Rock Williamson County (COE/106) THE FOLLOWING ITEMS ARE ATTACHED: Rick Perry • Governor John L. Nau, III • Chairman F. Lawerence Oaks • Executive Director COPIES 1 DESCRIPTION original Memorandum of Agreement regarding subject project with original signatures REMARKS: Please have the City of Round Rock representative sign the MOA and return a completed copy to the Texas Historical Commission for our records. For future reference, typically one original document is signed for each of the MOA signatories, so that each may have an original for their files. COPY TO: Files SIGNED: Linda Roark TITLE: Preservation Specialist P.O. Box 12276 • AUSTIN, TEXAS 78711 - 2276 • 512/463 -6094 • FAX 512/463 -6095 • TDD 1- 800/735 -2989 www. thc.state. lx.us AUG 15 2002