MPC Timeline for Coordination with Texas Historical Commission (THC)

STATE REQUIREMENT IN QUESTION: Texas Antiquities Code requires that the City obtain an Antiquities
Permit for any project that is disturbing more than 5 acres of land or if the project include the
disturbance of 5,000 cubic feet of dirt or more.

DATE ACTION
July 31, 2017 Antiquities Code Lawsuit supported by J.P. Bryan filed through Max Grossman
July 31, 2017 As of this date, the City owned less than 5 acres, thereby not requiring the
consultation with the Texas Historical Commission (THC) related to the Texas
Antiquities Code.
August 8, 2017 Mark Wolfe, THC executive director, writes a letter to Mayor Margo notifying
the City that it is required to notify the THC before breaking ground on public
property. He acknowledges that property has not been acquired and offers to
meet with the City. He copies El Paso County Judge Veronica Escobar and
Christian Nill, El Paso County Heritage Tourism Coordinator.
September 5, 2017 City responds to Mark Wolfe noting that it intends to comply with the
requirements once the City acquires five acres. Response further states that
three properties complied with Section 106 and no resources were found.
September 5, 2017 City files appeal to the local judgement ordering demolition injunction.
October 2017 City attorney and City Architect met with THC representatives to discuss
proposed Memorandum of Understanding (MOU). THC welcomed the
approach and stated that the City would be working with the Archeological
staff. Draft MOUs were to be sent back and forth for review and approval by
both the City and THC.
VARIOUS Coordination with the THC on the MOU continues but does not yield to an
agreed MOU. The City still does not own five acres. With planned acquisitions,
the City pursues standard procedure of consulting for the master plan area,
allowing for flexibility within the master plan in the future.
May 10, 2018 J.P. Bryan through Max Grossman submits application for nomination for 11
City properties to be designated as State Antiquities Landmarks (SALs).
May 15, 2018 City Council authorizes the acquisition of properties currently under contracts
of sale. The City still owns less than 5 acres.
May 23, 2018 City submits consultation letter to THC for the master plan area of the
property (totaling 11 acres), which includes areas outside the footprint but still
within the master plan site. City anticipates owning over five acres within the
master plan area by the end of June.
May 30, 2018 THC Executive Director Mark Wolfe responds to Max Grossman stating, “in
accordance with Rule 26.8 of the Texas Administrative Code, we must
determine that the 12 nominations are incomplete and, therefore, ineligible to
move any further in the designation process.”
June 13, 2018 J.P. Bryan’s attorney writes a letter back to Mark Wolfe, challenging the
determination.
June 25, 2018 City files motion to dismiss court judgement related to alleged violation of the
Texas Antiquities Code. Final decision is pending.
June 26, 2018 THC responds to the City to proceed with the Design Research and Application
package.
June 28, 2018 THC Executive Director Mark Wolfe sends letter to J. P. Bryan’s attorney
stating that he continues to disagree with his position, but he “sees no harm in
pushing the applications to the Antiquities Advisory Board.”
June 29, 2018 THC sends letter to Mayor Margo notifying the City that the request for
nominations will be heard at the Antiquities Advisory Board meeting on July
26, 2018 and THC meeting on July 27, 2018.
June 29, 2018 City acquires three more properties; total city owned property is more than
five acres (including public right of way and alleys).
July 23, 2018 City enters letter to Antiquities Advisory Board to be included in the record
and heard at the board’s meeting on July 26, 2018.
July 26, 2018 Antiquities Advisory Board concludes nomination request incomplete,
insufficient evidence exists to support a State Antiquities Landmark
designation.