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HomeMy WebLinkAboutContract 40235CITY SECRETARY CONTRACT NO, Lf Do as Memorandum of Agreement for the Demolition of Structures at the Holly Water Treatment Plants Between The City of Fort Worth And Texas State Historic Preservation Office May 2010 WHEREAS, The City of Fort Worth proposes to upgrade the Holly Water Treatment Plants through the Texas Water Development Board's Drinking Water State Revolving Fund program. In order to provide needed space for construction of the proposed ozone treatment improvements, specifically for ozone contactors for the North and South Holly plants, three structures are proposed for demolition: a relic hydraulic mixing basin, a relic sedimentation basin, and a powdered activated carbon (PAC) building. WHEREAS, the Holly Water Treatment Plants Ozone Upgrade Project may have an adverse effect on the historic property by the proposed demolition of structures at the Holly Water Treatment Plants which are eligible for the National Register of Historic Places, the City of Fort Worth has consulted with the Texas State Historical Preservation Office pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470f); and WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), the City of Fort Worth has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination with specified documentation and the Council has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii); and WHEREAS, in accordance with 36 CFR Section 800.6(a)(1)(iv), the Texas State Historic Preservation Office shall proceed without the Council. NOW, THEREFORE, the City of Fort Worth and the Texas State Historic Preservation Office 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 historic properties. STIPULATIONS The City of Fort Worth shall insure that the following measures are carried out to mitigate the adverse effect: I. The creation of a research document about the North and South Holly Water Treatment Plants' history with emphasis on the structures to be demolished, the history of technological changes evident in the plants' facilities and what major civic, state or federal initiatives shaped the plants' development. II. 11x17 reproductions of drawings of the primary buildings and structures as well as those to be demolished III. Photographic documentation of the structures to be demolished that is compliant with the National Register's digital photographs policy. N. Stipulations I, II, and III shall be submitted to the Texas State Historic Preservation Office for review prior to demolition of the resources at the plant. The Texas State Historic Preservation Office shall be allowed 30 days to review and comment on the submission. Final copies of the documents shall be submitted to the Texas State Historic Preservation Officer and to the City of Fort Worth Historic Preservation Officer for archive. V. DURATION: This agreement shall be null and void if its terms are not carried out within two (2) years from the date of full execution. Prior to such time, the City of Fort Worth may consult with the other party to reconsider the terms of the agreement and amend in accordance with Section VIII below. VI. POST -REVIEW DISCOVERIES: No potential historic properties are expected to be discovered, however any discovery will be brought to the immediate attention of the City of Fort Worth Historic Preservation Officer and the Texas State Historic Preservation Office. VII. MONITORING AND REPORTING: Each year following the execution of this agreement until it expires or is terminated the City of Fort Worth shall provide all parties to this agreement a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in the City of Fort Worth efforts to carry out the terms of this agreement. Failure to provide such summary report may be considered noncompliance with the terms of this MOA pursuant to Section VIII, below. VIII. DISPUTE RESOLUTION: Should either party to this agreement object at any time to any actions proposed or the manner in which the terms of MOA are implemented, City of Fort Worth shall consult with the Texas State Historic Preservation Office to resolve the objection. If City of Fort Worth determines, within 30 days, that such objections cannot be resolved, City of Fort Worth will: A. Forward all documentation relevant to the dispute to the Council in accordance with 36 CFR Section 800.2(b)(c). Upon receipt of adequate documentation, the Council shall review and advise the City of Fort Worth on the resolution of the objection within 30 days. Any comment provided by the Council will be taken into account by the City of Fort Worth Water Department and the Texas State Historic Preservation Office in reaching a final decision regarding the dispute. B. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, the City of Fort Worth shall proceed with the proposed action and the Texas State Historic Preservation Office nor the Council shall not object and such action shall be deemed as if consented to by the agencies. In proceeding, the City of Fort Worth will take into account all comments regarding the dispute from the Texas State Historic Preservation Office. C. City of Fort Worth Water Department's responsibility to carry out all other actions subject to the terms of the MOA that are not subject of the dispute remain unchanged. City of Fort Worth will notify the Texas State Historic Preservation Office of its decision in writing before implementing that portion of the undertaking subject to dispute under this stipulation. City of Fort Worth will be final. IX. AMENDMENTS AND NONCOMPLIANCE: If either party to this MOA, including any invited signatory, determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to the MOA pursuant to 36 CFR Sections 800.6(c)(7) and 800.6(c)(8). The amendment will be effective on the date a copy signed by all of the original parties is filed with the Council. If the signatories cannot agree to appropriate terms to amend the MOA, any signatory may terminate the agreement in accordance with Section IX. below. X. TERMINATION: If an MOA is not amended following the consultation set forth in Section VIII, it may terminated by either party. Within 30 days following termination, the City of Fort Worth shall notify the parties if it will initiate consultation to execute an MOA with the signatories under 36 CFR Section 800.6(a) or request the comments of the Council under 36 CFR Section 800.7(a) and proceed accordingly. Execution of the Memorandum of Agreement by the City of Fort Worth and the Texas State Historic Preservation Office, the submission of documentation and filing of this Memorandum of Agreement with the Council pursuant to 36 CFR Section 800.6(b)(1)(iv) prior to the City of Fort Worth's approval of this undertaking, and implementation of its terms evidence that the City of Fort Worth has taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment. SIGNATORIES: City of Fort Worth Fernando Costa, Assistant City Manager Approved as to form and legality r. 1()(ArnUU i✓lirista l�. Reynolds ' Sr. Assistant City Attorney Attest: Marty, Hendrix, Secretary ftw law RM Texas State Historic Preservation Office Date iy 000000000*�00 0 �0, 4 dOp000 SCY LD Terry Colley, D puty State Historic Preservation Officer CITY SECF�E���%' T. WORTH, TA