10 - Memorandum of Agreement for demolition of a dwelling located at 719 3rd Street SW

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MEMORANDUM OF AGREEMENT BETWEEN CITY OF PARIS, AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER REGARDING THE CITY OF PARIS' HOME HRA PROGRAM FOR THE CITY'S DEMOLITION OF A DWELLING LOCATED AT 719 3" STREET SW, PARIS, TEXAS 75460 This Memorandum of Agreement (MOA) is among the City of Paris (City) and the Texas Historical Commission as the State Historic Preservation officer of Texas (SHPO) WHEREAS, the City, as the responsible entity, and the SHPO, as the State Historic Preservation Officer wish to enter this MOA concerning the demolition and disposition of one dwelling located at 719 3' Street SW, Paris, Texas (hereinafter "Dwelling"), and WHEREAS, the City as the Responsible Entity assumes the U.S. Department of Housing and Urban Development's federal agency authority under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and related laws and authorities applicable to the, U.S. Department of Housing and Urban Development (HUD) assisted activities, as provided by the Housing Act and HUD regulations at 24 CFR Part 58; and WHEREAS, the undertaking consists of the demolition of the Dwelling to construct a new, safe, healthy, and affordable home for low income residents; and WHEREAS, the City, in consultation with the SHPO has determined that the Dwelling is eligible for listing in the National Register of Historic Places as contributing to a potential Historic District; and thus its demolition will have an adverse effect on the potential Historic District; and the City has consulted with the SHPO pursuant to 36 C.F.R. part 800, of the regulations implementing Section 106 of the NHPA (54 U.S.C. Section 306108); and WHEREAS, the City provided construction documents for the new dwelling to be constructed at 719 3' Street SW to the SHPO for review and comment; and the SHPO has reviewed and agreed that the design is compatible with and will have no visual adverse effect on the surrounding historic district; and WHEREAS, the City has notified the Paris Historic Preservation Commission (PHPC) as a potential consulting party, and the PHPC supports the demolition and has chosen not to participate in the consultation; and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the City has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and NOW, THEREFORE, the City and the SHPO 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.