Travis County Commissioners Court
April 24, 2007
Item 24
We did have number 24 on consent, right?
>> no.
>> we needed to lay that thing out.
>> joe, can we lay it out -- take five minutes and lay 24 out, consider and take appropriate action on a request for a permanent preservation easement to the Texas historical commission to facilitate implementation of grant to the Lake Travis extension education association for restoration of the historic nameless cool.
>> [one moment, please, for change in captioners]
>> despite the fact the non nonprophet is taking responsibility, and by the way has when stilemaintaining this school. Dewe will be on the hook if anything goes shout on that agreement with the nonprofit nonprofit. We've just wanted to make sure that you under understood all of the, you know, the commitments that you are making. Making... Old school school desks they had a function last weekend, they had all their purchasable items, everything from bake sales to every trinket in the world. They kind of got it to the point where it's functional because the association has their meetings in it, judge.
>> okay.
>> but in some places it's a little, even a little unsafe because you could fall through some areas of but they have gone out and put a lot of sweat equity into this little school house. One of the ladies out there, as a matter of fact, was in one of the classes between 1909 and 1935.
>> if we replace the floor or the roost we have to get permission from hc and go through a process.
>> those are the types we have to do, coordinate within. Also we have to maintain insurance on it, we have to provide, we or the association has to provide a minimum number of public access days, and in that access we have to comply with, you know, a few laws such as the americans with disabilities act and so forth.
>> does this say what you can and cannot tamper with in in other words, there are certain things they set aside as far as any type of modification to a historic site, anything like that. Something, us just can't deal with the integrity of the structure itself.
>> sure.
>> I don't know what that is at this point. But there are things that you just can't do.
>> I don't know--
>> you know, you can't--
>> Commissioner Davisrb basically, we are held to the level of preservation that exists today.
>> all right.
>> for example, if you see the pictures there. I haven't been on the inside inside. If I would have coordinated wert with them--better with them I could have gotten inside photos. Is was in a hurry and just got outsidelve basically you are not obligated to make it the taj, if ifs not that s curr state and not allow it to deteriorate, what does the t thc have to preventing us from neglecting.
>> the teeth they have is a contract to keep it at this level, a minimum mull. Obviously, your attorneys can advise you better on teeth, if you will.
>> what would happen the if we, you new york new york-- york--you know, let the cave cave--let the roof cave in ?
>> they would enforce the contract. That is what they have in mind. In their view, the quid pro quo for getting this grant is that there be contractual commitments by the owner, being the county, to make sure that the historical commission's investment in the property doesn't go for naught because we let the building deteriorate.
>> resume bring it would be some sort of cash penalty.
>> my guess would be, and I'm speculating, the historical commission wants to see the budding preserved preserved. The if we started letting it deteriorate they would seek some injunctive relief.
>> which is on. And really basically to step in where ultimately are we the ones that, you know, that somebody that the thc would probably look at? Yes, but given the pack that we have this association out here that really wants to do this, that is the energy behind going for the grant.
>> surebut they won't be legally obligated.
>> not directly to th c. But what you could do basically is enter into an agreement where you pass through that obligation.
>> I think that would be, what I'm looking at, just trying to flush out our obligations here. I think this is a 100 percent worthy project and want to see it go through. I want to do it with eyes open. If a tornado comes through and severely damages the property, we are obligated to restore it, correct ?
>> that is correct. Now, it does say if it burns to the ground or totally is ruined, then we are let off the hook.
>> yeah. And in the sort of event of a total casualty, I think the historical commission would say, well, that is not deterioration.
>> reasonable and economic economically feasible.
>> they would probably say, it's a sad loss, but we're not going to make you scour the county to pick up the, you know, the wood that the tornado blew everywhere and try to put it back together.
>> rightif you look at numbers at--
>> if you look at numbers 4 and five of the easement and says if it's totally destroyed, the easement shall expire. Number 5 speaks to remedies and they do include reimbursement for court, legal fees, architectural fees if they are forced to go in and seek to bring the damages back up to perfection.
>> so our options in satisfying this obligation that we are contemplating are either to contract out with an outside entity, such as this association that has been doing this for a number of years, or to handle it in house, both of which are financial obligations.
>> that's correct.
>> we don't have an interest mdoing it mhouts, do we? The association mass when doing it.
>> certainly was not on my radar.
>> judge, if we didn't work with the association--
>> although there are other historic schools scattered throughout Travis County. I want to be sure we are aware that it's probable this may come up again and there may not and association in place to take on this obligation. So I think it's, as I said, a 100 percent worthy thing to do. And if it's good at the name nameless school, it will be good at other schools or historic structures that may not have an association capable of handling the maintenance that we are obligating ourselves to.
>> I know that there was one one time there in bee cave but I think b cave is the one that took the anticipate there.
>> that got moved to city property.
>> they are the ones that have taken the thing on.
>> similar to this. There was sort of a three- three-way agreement between the county, the city, and a historical group out there.
>> judge, I move approval of 24. I do realize that this is creating something that we need to have our eyes open with, and I think that we, that we do, the association, I'm convinced, given the amount of work that this organization has done out here, I think that we are fine with it.
>> I second.
>> okay how long has the association been working with it ?
>> they have been working with my office for the last year at least.
>> they sent stated in their grant application that they have been maintaining the grounds and facilities since 1957. 50 years.
>> I'm not aware of other schools. We do own cemeteries. That's another issue.
>> also, how do we treat them? You know, I don't mind going forward with this, but I'm kind of curious as to what we need to do as far as, and I guess the historic commission should have a list of things, maybe, of these--
>> I believe the Travis County historic commission is doing an inventory right now.
>> yeah, we need to see what that inventory is because I'm not really sure what is going on as far as the inventory. So john, within this motion, we need to see what the other schools are that the historic commission may have inventory-wise in Travis County, that we can maybe, you know, look at and deal with. I guess accordingly. If that is the caselve maybe there is no organization to pick up the slack as this one is but again, they still may need some attention. So that is my concern.
>> I think that is a request coming from you.
>> yeahi'm not not--
>> I'm not sure you can put it in the motion on this item.
>> I'd like to see that. That is the main point. I'd like the see that inventory, if possible.
>> sometime it's better not to know the answer to some questions.
>> pardon me? What are you say, judge ?
>> sometimes it's better not to know.
>> it's better not to know ?
>> I'll be surprised if the thc, john, couldn't give us, I'd be surprised if thc has a list of those.
>> I think what Commissioner eckhardt was talking about is our own commission.
>> yeah.,
>> I think I received a formal designation ones I have in mind are county owned.
>> that is all I was think hadding.
>> yeah. Okay.
>> not a part of the motion, Commissioner dougherty. Something that Commissioner Davis is requesting on his own, a list of that inventory. John.
>> I call that friendly.
>> all in favor. That passes by unanimous vote.
>> get that to me, john, as soon as you can.
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Last Modified:
Tuesday, April 25, 2007, 8:34 AM