A DEVELOPMENT PLAN FOR THE PRESERVATION
OF AN HISTORIC TEXAS TOWN
JOHN A . GILMARTIN
PART I.
RESPONSIVE FEDERAL AND STATE HISTORIC PRESERVATION LAWS AND PROGRAMS
A MEANS FOR TEXAS CITIES AND TOWNS
TO SAVE THEIR HISTORIC BUILDINGS AND ARCHITECTURAL TREASURES
RESPONSIVE FEDERAL AND STATE HISTORIC PRESERVATION LAWS AND PROGRAMS
A MEANS FOR TEXAS CITIES AND TOWNS
TO SAVE THEIR HISTORIC BUILDINGS AND ARCHITECTURAL TREASURES
Many of the older cities and towns throughout the United States have experienced
a gradual deterioration since the time when they were organized and
constructed. Even now a cursory inspection of those sectors of these degenerating towns that were once the heart of the town, being the center of the town's
commercial activity, would give the viewer the impression that he is beholding a.
ghost town. In most of these apparently desolate towns the whole community will
not have broken-down, but the merchants will have merely moved their businesses
from the older buildings which constituted the towns' original business district
into more comfortable and convenient facilities in suburban shopping centers.
In some cases the local businesses which formerly occupied buildings in the
downtowi areas have been moved to neighboring cities which offer the tradesnan and shopkeepers a more promising future. In other cases the former tenants*
businesses may have folded due to an economic depression in the town. In these
venerable towns there are typically numerous buildings whose antique facades
a
re endowed with elaborate ornamentations representing architectural innovations
another era which are empty and their windows which once advertised the
occupants' business with fancy-lettered signs are now boarded over. The paved
sidewalks or boardwalks which only a few decades ago supported the hustle and
bustle of pedestrian traffic in a prosperous community in many effete towns are
seldom used and often in a state of disrepair.
Today many of these towns
w
hich were formerly densely populated places are but "urban obituaries"—- the
vacant surviving structures serve only as monuments which keep alive the memory of
a
more affluent period.
Most of the United States' old towns have known happier fates.
Towns with-
whose geographical bounds railroad tracks were laid grew into cities that
-2are now thriving urban centers. Often even in the towns which have enjoyed prosperity amd experienced tremendous growth those buildings which comprised the
original business district survive as old, dilapidated, hazardous and frequently
vacant structures.
In most instances where the original buildings have not been
razed and replaced with more modem structures these "hubs" of large cities and
metropolitan areas have become a blighted business district, A large number of
Texas'' cities and towns have these timeworn buildings.
In some of the small towns
in which these dilapidating buildings occur historic events have taken place] or
famous persons may have once lived there. Some of the time-honored structures
may be considered to be architectural treasures, Almost every older large city
contains; buildings or districts of buildings of some historic or architectural
signifioance„ Whether the town be large or small, thriving or desolate, the
owners of property with distressed improvements are being confronted with the
problem of what to do with their buildings that may be structurally sound, hence
too good to demolish, but which are unattractive or unsuitable in design for
modern uses.
The citizens and merchants of some towns who control the future of their
buildings that are relics of the past feel that a complete rejuvenation and
modernization of the structures which would involve drastic alterations in
their design would transform the old town into a modern urban center. In such
communities urban renewal is the key to a lucrative civic future and a means to
recover", compete, and grow. In'communities where this attitude prevails only
the lack of financial resources has saved the old buildings from the leveling
effect of a wrecking ball.
The future of the old buildings in these communities
which have resolved that major alteration and demolition is the way to improve the
a
ppearance of their town and to enhance property values is moribund for now
federal financial assistance is available through
u
the Department of Housing and
rban Development (HUD) in the form of demolition grants.
Direct grants of up
to two-thirds of the actual cost of demolishing the structures and leveling the land
p
are available to some localities.
An increasing number of "sleepy" little towns throughout the nation which are
perplexed with regard to the problem of what to do with their decaying buildings are
discovering that their future lies in their past and are quickly awakening to a
promising future as a tourist attraction. These communities consider historic
preservation to be the key to their future.
The "wide-awake" cities of Charleston,
Chicago, San Francisco, Boston, Nashville, Seattle, Atlanta, and Galveston made this
discovery early and have found that by recreating history and renovating their '
buildings of historic and architectural significance in districts that had become
blighted they have overcome decay and given a new economic life to long distressed
business districts,^ Town planners in smaller communities and the Departments of
Planning and Urban Development in the larger cities and metropolitan areas are
interested in historic preservation.
Those that have researched and analyzed the
historic preservation programs employed by other cities are impressed with the
success they have on joyed. Whether motivated by greed or a sincere desire to preserve the past as a precedent for the future, communities are eager to line the
local coffers with the tourists' dollars which might be generated by an active
historic preservation program.
Cities desirous of getting an effective "bite"
into a local historic preservation program are excitedly seeking information regarding enabling legislation for historic preservation.
These cities and towns
want to know what they can do as a local governmental body under the existing
statutory law in the areas of aesthetic control, granting zoning variances and
creating special historic districts for historic properties, open space control,
eminent domain as a tool to acquire historic property, and the constitutionality
of
•
•
^
giving special tax breaks to historic property owners.
The nationwide interest in preservation activities represents the dawning
of
an "Age of Historic Preservation" in the United States. With our Nation's
bicentennial celebration only three years away this interest will most surely
intensify. Throughout the 'twentieth century American life has emphasized new thingsnew customs, new notions, and new objects.
Consequently the rate of destruction of
historic landmarks has been accelerated to make room for the new. While European
nations have established precedents in preservation for centuries,-' we Americans
have only recently become deeply aware that the preservation of our ancestors'
achievements will not only serve as living memorials to those past accomplishments
but will more importantly serve as an inspiration for our future pursuits, America' s
architectural heritage, from the oldest crude shelter in existence to our most •
modern skyscraper, reflects the change in our peoples' resourcefulness and the
6
evolution of our standard of living.
The preservation programs initiated by
and carried forward through the efforts of civic-minded individuals and private
groups, while laudable, are too often inadequate.
The local preservation activities
may be rewarding to the community and result in the preservation of historic property
while the true objectives of historic preservation are obscured by short-term
7
economic motives.
Today preservation efforts are emphasizing the need for sophisticated public
regulation and control of historic property.
The once popular belief that only
"starry-eyed" preservationists were concerned or worried about the preservation of
America's heritage has been quashed.
Public officials aro now working hand-in-hand
•with the independent preservation groups seeking to save our past. There is an
emerging awareness among top governmental officials, congressmen, state legislators,
Municipal officials, judges and lawyers of the need for effective historic preservation laws to protect the historio American landmarks ana districts across tho
Q
country.
President Kennedy has been one among many high-ranking public officials who
tave recognized the need for more comprehensive legal controls to combat the spoillri
S and destruction of some of the Nation's most historic buildings and districts.
7
In the President's 1962 State of the Union Message, he declared emphatically»
"We are all trustees of the American people, custodians of the American heritage",
Frank B, Gilbert, the Secretary of The New York City Landmark Preservation Commission,
a private preservation group, considers the real value of historic preservation to
be the establishment of precedents for society's hope for a better futurej
Our vision of tomorrow includes the lessons and the spirit of our past,
as seen in its buildings and their workmanship. As important as the
buildings are thomsolvos, howovor, tho struggle to save them may be
more significant. These projects, bringing together a cross-section
of the community, can be a constructive and civilizing force. Reviewing our treatment of our past, we see how pointless so much of this
destruction has been. The triumphs will make possible the saving of
a courthouse, a church, a mansion, a row of nineteenth century houses,
and an entire historic district. The success of these preservation
projects will be important in indicating the type of environment a city
wants and seeks to achieve. These triumphs can make a community a
place with an understanding and an appreciation of the past which will
guide the creation of a promising future.
The challenge to lawmakers to fit historic preservation into the main stream
of the life of America's cities and towns is finally being met in the United States.
Evidence of this is the fact that preservation groups are receiving support from
others in the community and entering into alliances with the city planners. The
most vital help to preservation efforts is coming from the historic preservation
legislation that is being enacted at the federal level to facilitate both public
11
and private preservation projects.
Two federal administrative agencies have
joined the campaign to save America's heritage and are now playing an active part
in preservation at the national level. The Department of Housing and Urban
Development and the Department of the Interior are invoicing legal authority for
the protection of landmarks and are also encouraging and assisting the preservation of historic structures,
12 sites and areas by supplying techinical advice
and financial grants-in-aid.
Legislative developments touching historic pres-
ervation are taking place at all levels of government and patterns in state proservation legislation are starting to emerge.13
Shortly after the turn of this century Congress manifested a concern for
the preservation of America's past by enacting the first federal historic preservation law. Subsequent Congresses have demonstrated a similar attention which
has been reflected by the passage of federal legislation only once in each generation.
In 1906 the first federal law which affected historic preservation concerns was
passed. By means of the Antiquities Act of 1906 Congress sought to protect significant prehistoric and historic sites on federally owned land-':, The act authorized
President
Thoodore Roosovolt to doclaro such plaoos "National Monuments" entitled to
federal protection. The act further authorized the President to set aside a part
of the public domain without historic significance or scientific value to insure the
care and maintenace of the site chosen for protection. The Antiquities Act also
encouraged a survey and recordation of the sites that were designated National
Monuments for the custodians of the monuments were authorized to issue permits to
scientific and educational organizations which desired to conduct field work at the
sites.
A generation later, in 1935 Congress again entertained the Nation's preservation problems. In that year the Congress enacted the Historic Sites Act of 1935•
The act declared that the national policy was to include the preservation of
nationally significant buildings, sites and objects for the use and benefit of the
people of the United States, The Historic Sites Act authorized the Secretary of
the Interior, working through the instrument of the National Park Service, to establish a program for identifying and marking our national shrines. Among the
duties the Secretary of the Interior was charged with performing in pursuance of the
new national policy were the securing, preserving and maintaining of archaeological
and historic sites, buildings, and objects along with any historic materials of a
related nature. In this act Congress recognized the importance of keeping the
record of our heritage for educational purposes
and for stabilizing the Nation
by
connecting past, present and future generations. While the Historic Sites Act
contain^
provisions
scholarship
and the preservation
of selected
sites,
15
no
provision
is madeencouraging
for the protection
of endangered
privately owned
properties.
Almost thirty years later Congress enacted Title Fl'T. of the Housing Act of
I96I. This law is the basic authority for the open space and urban beautification
l6
Drograms
that are available for use as a preservation tool.
The Demonstration
Cities a n d Metropolitan Development Act of I966 amended the Housing Act of 1961
in order to specifically provide grants for historic preservation purposes.^
Title VII of the Housing Act of 1961 as amended by provisions in the Demonstration
Cities and Metropolitan Development Act of 1966 is the authority for the Department
of Housing and Urban Development's "The Historic Preservation Program", This
program offers financial assistance to communities or other public bodies in implementing a local historic preservation program in the form of matching grants of
up to fifty per cent of the cost of acquiring, restoring and improving sites, buildings
and areas of historic or architectural significance in urban areasP where such
18
programs will result in a public use or benefit.
The Demonstration Cities and
Metropolitan Development Act of 1966 also amends two other laws to pave the way
for a more comprehensive preservation program at the19
federal level.
1966 Act enlarges the scope of the urban renewal law
plans for rejuvenating our cities.
Title VI of the
to include preservation in the
The effect of the amendment is that historic
properties located within urban renewal project areas may be acquired, restored and
relocated where necessary with funds
appropriated for urban renewal. The I966 Act
20
amends another urban renewal law
to authorize grants to localities as credit for
21
the local monies expended for historic preservation and archaeological preservation.
In I965 the United States Conference of Mayors established a Special Committee
° n Historic Preservation,
Those selected to serve as members of the committee were
experts in the fields of history, architecture and planning.
The results of their
•thorough and careful study of America's historic preservation problem were published
in a report entitled With Heritage So Rich.
In their report the committee recom-
mended that the national government officials assume the leading role in America's
historic preservation design.22
In 1965 Congress again touched the field of historic
Preservation in the National Foundation on the Arts and the Humanities Act of 1965.
In this law Congress declared that the term "humanities" includes the study of
history and archaeology and Congress warns that we must not confine our efforts to
the fields of science and technology.
Congress also found that in times like those
in which people are bewildered with the present, and unsure of a better future, it
is imperative that laws be provided to preserve our past as an assurance of an
improving future.
This finding was but a preview for this generation's maximum
23
historic preservation law that was already being drafted.
By 19^6 Congress's concern about the preservation of our past and the increasing
destruction of our environment had intensified to the point to warrant the enactment
of comprehensive controls and regulations.
Congress recognized the grave necessity
for the passage of environmental laws to insure that Americans have pure water to
drink and clean air to breathe.
Both were being polluted indiscriminately.
Congress
was also worried about a different kind of deterioration that was plaguing the
environment which was just as destructive as the water and air pollution.
The new
problem was labeled "eye .pollution". For a quality environment Congress perceived
that we must keep our cities pleasing to all of the senses.
Heeding the report of
the Conference of Mayors Special Committee on Historic Preservation, and as if
following some sort of trend in national historic preservation legislation that
only one major federal preservation law should be enacted each generation, Congress
resolved that historic preservation was vital to our pursuit of a better environment. Through independent study Congress learned that the same forces that were
threatening our natural environment were also endangering
our cultural environ2k
ment,by the destroying '<st ties with the past.
Consequently, the federal concern
culminated in the enactment of the National Historic Preservation Act of 1966.
This
new law significantly enlarges the scope of our national preservation policy from
what it had been in the past. In this Act of I966 Congress emphatically declared
"that the historical and cultural foundations of the nation worthy of saving must be
Preserved as living commemoratives of our nation's past life and accomplishments.
To further these objectives the National Historic Preservation Act of 1966
-9authorizos the Secretary of the Interior "to expand, and maintain a national register
of districts, sites, buildings, structures and objects significant in American
History, architecture, archaeology and culture . . .
To facilitate the maintenance of the National Register the Secretary of the
Interior is authorized to grant funds to states to compile their own registers of
historic properties from which thoso properties of national significance might be
gleaned and addod to tlie National Register.
Tho National Historic Preservation Act
of 1966 also establishes a program whereby the state and federal governing bodies
may act as a partnership in some historic preservation activities with each sharing
the cost. The policy behind the maintenance of a register of historic places is
not to halt progress but to insure that America's historic buildings and significant
26
architectural achievements are not destroyed without due process.
Although
the Act provides automatic protection for properties listed on the National Register,
the real contribution which this law makes is that it requires those who are considering destroying a part of our past that we should save, to reconsider— to resolve
whether the demolition and subsequent use
27 or a preservation of the existing use
would be of a greater worth to mankind.
Since the enactment of the National Historic Preservation Act of 1966, the
law of historic preservation has become increasingly formalized.
In I965 Congress had
established the Department of Housing and Urban Developnent to provide federal
assistance for the improvement of the Nation's communities and to be an instrument
28
in effecting some of the programs anticipated in the forthcoming legislation.
Since 1966 the Department of Housing and Urban Development has been assisting
communities with the preservation of historic sites, structures, and areas within
their county. Today the Department of Housing and Urban Development administers
seven programs concerning historic preservation.
In addition to these specific
Programs it also furnishes general information and technical advice on the subject
29
historic preservation to encourage and assist private preservation programs.
3 0
Pursuant to the Urban Renewal Program^
Development
the Department of Housing and Urban
is authorized to make grants and loans to local public agencies to
finance projects which will do away with slums or blighted areas in o>.;<" cities.
The a c t i v i t i e s which may be financed include community-wide surveys of historic
assetst planning as part of an urban renewal project, and the acquisition, restoration, and relocation of historic properties as is necessary.
preservation
programs as part of
an
urban renewal activity are usually financed, on
a two-thirds federal and one-third local share basis.
population
These historic
In communities in which the
is below 50»000, the federal share may be three-fourths of the total_
project cost.31
In a program which
is closely related to the Urban Renewal Program, the
Dopartment
of Housing and Urban Development will grant up to ninety per cent of
the cost of special projects which are designed to develop and test new and improved methods of preservation in connection with the elimination of blighted
urban areas. This is the Urban Renewal Demonstration Program, Under this program
the Department of Housing and Urban Development also will finance the full cost
of the recording and publishing of the new techniques that were developed by
the special project. Both public bodies and
32 nonprofit organizations are eligible
to receive assistance under this program„
The third major historic preservation program which the Department of Housing
and Urban Development administers is the Open Space Land Program, Grants of up to
fifty per cent may be obtained by state and local public bodies for acquiring
for open space use undeveloped or largely undeveloped land of historic
33 significance or lands upon which historic sites or structures are located.
The Urban Beauti.fication Program provides federal assistance of up to fifty
F^r cent to beautify the settings of urban historic sites and buildings which are
Publicly owned or controlled.
beautification grants.^
Only state and local public bodies may apply for
-11Tho Department of Housing and Urban Development working with the Federal
Housing Administration has established an insurance program under which loans
sade by private lenders for repairs to historic housing may be insured by the
Federal Housing Administration under its property improvement loan insurance
program,, Any owner of historic housing may apply to private lenders for this
35
type of assistance.
The Department of Housing and Urban Development also conducts a Comprehensive Planning Assistance Program. Under this project grants of between twothirds and three-fourths of their cost are sometimes available.
These grants
may be obtained to finance surveys to identify historic property, to determine
the costs of rehabilitating or restoring properties so identified as a part of
36
a comprehensive planning program for an urban area.
The seventh historic preservation program which the Department of Housing and
Urban Development oversees is its Historic Preservation Program.
The activities
which this program assists as well as the groups eligible to employ this program
were discussed in connection with Title VII of the Housing Act of I96I as
37
amended by the Demonstration Cities and Metropolitan Development Act of 19&6,
The Department of the Interior also is charged with directing several historic
preservation programs conducted by the National Park Service,
Two programs with
similar functions grew out of the Historic Sites Act of 1935.
The Historic
American Engineering Record Program disseminates advice and technical information,
and provides technical direction on a shared-fund cost basis to state and local
governments, educational institutions^and historical organizations to assist in the
recording by measured drawings or photographs of structures in the United States
38
and her territories which are momentous in the history of American engineering.
The Historic American Building Survey provides the same type of assistance and
the same groups are eligible for assistance under this program.
The scope of this
latter program is more broad and inclusive as its purpose is to record architecturally and historically significant buildings and districts by measured
-12drawings and photographs regardless of whether they represent significant
39
achievements in the history of American engineering.
The Department of the Interior sponsors a Historic Preservation Program
independent of the Department of Housing and Urban Development's Historic
Preservation Program, The Department of the Interior's program is authorized by the
National Historic Preservation Act of I966 and provides project grants to the
40
National Trust for Historic Preservation
and to certain state programs that are
initiated by the governor of the state.
These grants are to be used to supplement
state funds that have been appropriated to finance a survey of the state's
historic sites,, buildings, and natural landmarks and for comprehensive statewide planning for historic preservation.
The funds may also be applied to the cost
of acquiring historic properties.
The response to the various historic preservation programs has been enthusiastic in recent years.
The following program accomplishments all occurred
during fiscal year 1971. Under the Department of the Interior's Historic
Preservation Program survey and planning grants were ma.de to forty states, the
District of Columbia, and to the National Trust for Historic Preservation.
This
program also made acquisition and development grants for 177 projects to 39 states,
the District of Columbia, and to the National Trust for Historic Preservation.
The National Park Service of the Department of tho Interior acting pursuant to
the Historic American Buildings Survey program assisted the recordation of 518
buildings of architectural or historic prominence, and under the Historic American
Engineering Record Program 60 structures were documented.
During this period the
Department of Housing and Urban Development approved 551 applications for open space
grants under its Open Space Land Program.
In almost every state throughout the Nation there lias been a response by the
state's legislative body to tho demand for historic preservation enabling legislation in the form of state legislative activity.
This preservation legislation
should result in more communities having better preservation programs which will
f
oble to effect preservation goals.
The major activities of these programs—
protecting and preserving places of historic, cultural, and architectural importance, are most effectively carried out by state and local governments.
programs
or
Federal
with inflexible guidelines are sometimes not adaptable to the local needs
conditions.
Since most of the landmarks which constitute "the American
Heritage" are only of local significance, the standards and procedures for
their preservation need to be locally determined.
Members of Congress have agreed'
that the criteria for preservation should be set at the local level.
Committee
A House
of the 89th Congress reported that "those who treasure a building for
its pleasing appearance or local sentiment do not find it any less important
because it lacks the proper historic credentials as determined by a federal body.
Moreover it is in the state governments where the most important legal preservation
tools lie.
State governments are the repositories of the police power, the poxror
of eminent domain, and the power to tax.
One of the most important tasks of the
state legislature concerning historic preservation law is to lay down and to define
the powers of local governments in launching local preservation programs.
As
local governments derive their powers from the state, the quality of local preservation programs is dependent upon the amount of power the state delegates to the
local legislative body.
Few state legislatures have manifested a long-standing concern for the preservation of their historical landmarks.
State legislative activity in the area
of historic preservation has increased with the greater governmental participation
at the federal level. With this increased activity by state legislatures, now
patterns in state historic preservation laws are finally beginning to emanate.
Since almost every state which has enacted historic preservation laws has
utilized a different technique to combat a common preservation problem, and
because each state has its own peculiar preservation objectives, generalizations
about state preservation legislation are difficult.
That being the case and since
such generalizations would serve no purpose sought to be achieved by this project,
r
-14-
44
Texas' historic preservation law is to be considered.
Texas is one of the few states whose constitution deals specifically with
historic preservation.
The Texas Constitution authorizes legislative appropri-
ations "for preserving and perpetuating memorials of the history of Texas'',^
The Texas Legislature in 19^9 declared that historic preservation is in the
public interest of the States
It is hereby declared to be the public policy and in the public interest
of the State of Texas to locate, protect and preserve all sites, objects,
buildings, pre-twentieth century shipwrecks, and locations of historical,
archaeological, educational, or scientific interest . . .
This provision of the Antiquities Code of 19&9 w a s enacted to engage the State
in preservation activity.
various state agencies.
Historic preservation functions are scattered among
The State Building Commission which is authorized by the
Texas Constitution and given the general power to acquire, restore, and maintain
both real and personal
4?property for State purposes is the chief element in Texas'
preservation program.
Since the specific declaration that preservation is a
State purpose the State Building Commission is duly authorized to deal with
preservation.
The State Building Commission also has the power of eminent
domain, which may be exercised for preservation purposes, and
46 the power to erect
monuments and memorials at the historic sites it controls.
The Texas Legislature has created two governmental agencies to deal with
the preservation and custody of materials significant in the history of the state.
The Texas Library and Historical Commission was established by the Legislature
in 1909, One of this agency^s major duties is to mark and secure the care of
historic sites and buildings within Texas.
The Texas Historical Board was organ-
ized in 1923 specifically to institute recommendations to the Legislature for needed
v
. preservation legislation.^
+
historic
The Legislature in an effort to coordinate the preservation efforts of
organizations, agencies, institutuions, and individuals engaged in private
Preservation projects created the Texas State Historical Survey Committee.
The
I
-15-
^jor function is to serve as a "clearing house" for information concerning
all historic activities -within the state.^
The Legislature then created the Texas Historical Resources Development
Commission to coordinate the preservation efforts that are undertaken by the
fex&s State Historical Survey Committee, the Texas State Library and Historical
Commission,
the Texas Tourist Development Agency, the State Highway Department,
Parks and Wildlife Department and the State Antiquities Committee "in order
to encourage the best utilization of the unique historical resources of this state
In addition to the foregoing historic preservation laws which have dealt
with preservation activity -within the governmental sphere, the Texas Legislature
has provided laws to encourage historic preservation among private sectors.
To
coordinate and supervise this activity, and to encourage gifts of property to
farther the conservation of historical resources within the state, the Texas
52
Conservation Foundation, a charitable and nonprofit corporation, was created.
The Foundation
53 and any income from property owned by it is exempt from all forms
of taxation.
The Texas Legislature, recognizing that the most effective preservation
operations take place at the local level, has passed preservation legislation
specifically authorizing local legislative bodies to undertake a comprehensive
historic preservation program for accomplishing the general police power objectives of promoting the health, safety, and general welfare.
To promote
these same objectives, the legislature in 1927 granted to Texas cities the
power to zone.
This statute is the enabling legislation for historical zoning
in Texas. With the passage of this a-jt, the "historic district method" of
preservation was made available for use in Texas.
The act, which is the corner-
stone of Part II of this project, authorizes local legislative bodies to
designate areas of historic and cultural importance "historic districts" and to
es
tablish Historic District Commissions.
Provisions in the act are also the
r
uthority
0f
for a municipality establishing an historic district to regulate tho use
property adjacent to the district, to postpone a proposed demolition or
alteration of a structure within the district, and to make exceptions to
55
^sting health or building codes.
Today the historic district approach is a well-established legal tool for
historic preservation programs.
Among the reasons why this method of preser-
vation has boon so woll accoptod by communities instituting an historic preservation program ares
it achieves its main goal— the "historic district method"
has withstood legal attack whenever challenged; the declaration that property is
included within an historic district will generally result in the market value
of that property rising; and when property is identified as being important, the
owner will feel a sense of pride that he may not have experienced before.
The
declaration of an historic district within any community should give it a new
stability. Even those persons who do not own property in a newly created historic
district become aware that their town is "special"
and most citizens will be a
56
little prouder in calling the town "home".
The Texas Legislature has authorized two methods which may be used to raise
funds for financing local historic preservation projects: the levy of special
taxes and the issuance of revenue bonds.
General provision has been made to allow
cities vdth a population of 12,000 or more inhabitants to levy a special assessment
by ordinance against property owners whose property is benefitted, to the extent
of the benefit, when adjacent property is condemned for creating or enlarging
parks or pleasure grounds. Arguably this provision could be used by a qualifying
city to levy a special assessment against, property owners whose property is
especially benefitted byen a rise in market value as a result of its being included
in a historic district.
Specific provision has been made for certain cities to
issue bonds and to levy a direct general ad valorem tax on all property within
^he city to pay the interest and principal on the bonds which were Issued
r
-17-
«for the purpose of park improvements, historical museum improvement, or the
provoment of historic or prehistoric sites in and for such city . . .
There currently exists in Texas jurisprudence a statute which gives any county
or
incorporated city that is a "home rule" city with a population in excess of
60 000 inhabitants the power to acquire land upon which historic sites or improvements are situated by gift, devise, purchase or by condemnation when the
historic p/ jporty in throatonod with clootraiotion.
Sucsh acquisitions may bo usod
59
for public parks, playgrounds or historical museums.
furnished
authority for the county judge of any
Terns
The Legislature has also
county to appoint a County
Historical Survey Committee to survey the county to identify historical buildings,
sites, and private collections of historical memorabilia within the county,^0
The commissioners court of each county within the-State is authorized by
statute to expend from the general fund of the county monies for the purchase and
erection of historical marker, monuments and medallions.
This statute also authorizes
the purchase of objects significant in the county's history with money from the
61
general fund.
The commissioners court in counties in the State having a popu-
lation between 100,000 and 120,000 are given the additional power to appropriate
general funds for the purpose of purchasing, restoring, and maintaining historical.
landmarks, buildings, and furnishings which are of historical significance to
62
the county.
The Commissioners court of any county having a population of not more
than 20,000, and the governing board of any incorporated city of not less than 10,000
inhabitants
in 63
such county may, as a joint venture, erect, equip and maintain
a local museum.
The Texas Legislature has passed a variety of "special' laws having historic
preservation implications available to cities having a specified number of inhabitants, The Texas body of the law contains many general laws which might be
utilized
as authority for a particular aspect of a preservation program.
would not be worthwhile to include them here.
It
Suffice it is to mention the
-
1
8
-
bundance of legislation relating to the subject of historic preservation
and
to say that an imaginative lawyer or preservationist should be able to find
authority
in our law for whatever preservation goal he
is
trying
to
achieve.
The existing legislation and the regulation which it authorizes is capable of
s0]_ving
only some of tho major historic preservation problems.
For our preser-
vation programs to be effective, preservation must be made an attractive alternat e to demolition which may or may not involve reconstruction.
In the past our
^development programs failed to take historic preservation into consideration in
planning for the future. While today developers may be more aware of preservation
in planning, incentives are desperately needed to encourage more private
preservation activity.
Federal, state, and local tax systems should provide
64
this incentive to achieve our Nation's preservation goal.
On February 8, 1971, President Nixon reported to Congress that our current
federal income tax policies encourage the demolition of many of our older
buildings including structures of historic significance which probably should
be rehabilitated instead of razed.
The President promised to introduce tax
measures which would alter this policy and which would especially encourage
the restoration of historic buildings and architecturally important structures.
The President is also to propose a measure which would make available federal
insurance for home improvement loans for the renovation and rehabilitation
of
65
historic residential properties up to $15,000 per dwelling unit,
A State law which would permit historic buildings to be exempt from
local property taxes is one of the most encouraging possible incentives for
private preservation.
The Texas Constitution refers to tax exemptions in three
66
Places, The constitution specifies that $250 worth of household furniture,
farm products held by the producer, family implements for agricultural or home
Us
e,
and $3,000 of the assessed valuation of all residence homesteads within
the State, shall be exempt from all taxation,^
The constitution also provides
that the legislature may, by general laws, exempt certain classes and types
-190f
property from taxation as it may clesire, The most notable exemption authorized
69
by this provision is public property used for public purposes.
The legislature
j^s also provided that certain private property be exempt from taxation.
All
•gildings, together with the lands of any nonprofit Texas corporation which
jjaS as its corporate function the preservation of historical buildings, sites
and
or
landmarks are free from taxation
in the State as long as they are not leased
?0
otherwise used commercially.
There has been recent litigation in the Texas courts concerning whether
the Legislature has tho power to exempt from taxation privately owned property
which is used for a "public" or "quasi-public" purpose.
The courts are committed
to a strict construction of the constitutional provision authorizing
the Legislature
71
to exempt from taxation public propery used for public purposes.
In Leander
72
Independent School District
v. Cedar Park Water Supply Corp.,
the Texas
Supreme Court denied exemption to a nonprofit, privately owned water supply
corporaton from ad valorem taxes of the school district, because the -water
supply corporation was privately owned.
The Leander decision would indicate
that the Texas Legislature has no power to enact a statute which would exempt
privately owned historic property from taxation even though it was used exclusively for public purposes.
PART II.
ANOTHER YOUNG IDEA FOR GRANBURY, TEXAS
PRESERVE "OLD GRANBURY" FOR A PROMISING FUTURE
A PROPOSED RESIDENTIAL HISTORIC DISTRICT
ANOTHER YOUNG IDEA FOR GRANBURY, TEXAS
PRESERVE "OLD GRANBURY" FOR A PROMISING FUTURE
A PROPOSED RESIDENTIAL HISTORIC DISTRICT
INTRODUCTION
1.
DEFINITIONS
a.
Historic District;
A geographical area of uniform character in which
there is a high concentration of structures which because of historical
significance or distinctiveness in the history of architecture has been
legally defined and formally established to preserve the character of
the area from changes.
b.
Landmarki
Any area, site, building, natural monument or object of
local prominence because of age, rarity, architectural design, or
historical significance,
2. RELEVANCY OF HISTORIC PRESERVATION TO GRANBURY i Granbury is the county
seat of Hood County, Texas,
The North-Central Texas town, chartered
in 18?1, was named for Confederate General Hiram Brinson Granbury,
and was located on the west bank of the Brazos River because of the
abundance of excellent water.
Granbury is located 80 miles southwest
of Dallas and lies 36 miles west, southwest of Fort Worth.
The town
has adopted the phrase "An Old Town With Young Ideas" as expressive
of its character.
Granbury has long been an agricultural community
and up until a few years ago it was just another "sleepy" little
Texas town that was gradually deteriorating.
In 1895, with a popu-
lation of 2,000, the town had a brand-new courthouse of native stone
with red brick trim which was of the "Second French Empire" style
dominating the town square, five churches, three newspapers, four
law firms, two millinery stores, three regular dry good stores,
three jewelry stores, six grocery stores, two livery stables, an
"excellent" cafe, an ice cream parlor, three insurance companies,
three drug stores, one barber shop, one hardware store, one saddle
and harness shop, one laundry, a meat market, a marble works, a
photography studio, three hotels, a college with two dormitories,
seven doctors, and an opera house—-the crown of a successful town
73
of that time.
Part of the town's success may be attributed to
the fact that it was situated on the Fort Worth and Rio Grande
Railroad,
From the turn of this century until the middle 1960's
the town experienced a gradual deterioration.
Many of the impressive
old buildings fronting the town square were vacant and most of the
buildings were in a sad state of repair,because of neglect.
The
windows of the old opera house which once were draped with velvet
curtains advertised that chicken feed, eggs and pecans were for
sale inside.
At that time the railroad discontinued its service
to Granbury,
The town's future had never looked so gloomy and
many of the "town fathers" saw the writing on the wall.
Unlike
most smaller towns in Texas, Granbury and the surrounding area
seems to be richer in Texas History,
Long before the Civil War,
the Cornmanche, Kiowa, and Caddo Indians lived in this area.
Reportedly the "big news" that Texas was no longer a Republic—
but a state of the United States—was proclaimed to these Plains
Indians on March 7, 18^-6 from the top of Cornmanche Peak, the most
7b
prominent landmark of Hood County,
There are many colorful
stories about Indians and early day outlaws in the county,
Jessie
James is said to have lived in Hood County during the 1870's and
reportedly lie later returned and died at Granbury in 1951.
William
Bonney, alias Billy the Kid, is believed to have also lived in the
county under another alias—Henry Street Smith.
Belle Star, the
notorious female bandit of the same era, reportedly was driven
out of Dodge City, Kansas, through Indian Territory, into Hood
County where she was captured at "Star Hollow", a small natural
canyon in the Tolar area of Hood County,
There are still many
people in Granbury who believe that John Wilkes Booth, President
Lincoln's assassin, was not killed after that tragic event, but
in fact escaped, and settled in Granbury where a first cousin of
Booth's, Miss Missouri Fannie Booth,resided.
The chief believer
was a Memphis attorney, Finis L. Bates, who in the early 1870's
75
also lived in Granbury.
In addition to the foregoing, no matter
how fantastic they may seem, there are many interesting historical
facts associated with the town and county.
General Granbury, for
whom the town is named, came to Texas in 1851 and established a
law practice at Seguin,
Later, having just moved his practice to
Waco, the ordinance of secession of Texas from the Union was passed
Granbury organized the Third Waco Company, under the command of
General John Bell Hood, one of the Civil War's most famous
generals, and the man for whom the county was named,
Granbury,
who was killed at the Battle of Granlclin in November, 1864, was
first buried in Tennessee, but in 1893 his remains were brought
to Granbury and re-interred,
A statue of the General Granbury
was placed on the town square as a memorial.
The wife of Alamo
hero Davey Crockett was granted land in Hood County by the first
Texas Legislature.
Mrs, Crockett is buried at the Acton Cemetery,
in Hood County, which has been designated the smallest state park
in Texas.
At Thorp Springs, a sma.ll Hood County community, J.A.
Clark and his two sons began a private school which grew into
what is now Texas Christian University located at Fort Worth, Texas
A combination of factors, working together, may be credited
for saving Granbury from becoming another urban obituary as has
been the plight of many smaller towns in Texas.
Looking backward,
if any one incident may be considered the turning point from the
dismal course that the town's future had taken, to a brighter
future, it was probably the fire in the clock tower of the courthouse which occurred December 20, i960.
Although some of the old
buildings facing the town courthouse had been neglected by their
owners, many of the buildings have been kept in good repair.
The
courthouse has been well maintained since it was completed in 1893.
As an estimated $6,000 damage was done to the wooden tower which was
then 70 years old, concerned public officials and civic leaders
knew that something had to be done as it had become a nuisance.
There were two alternatives suggested.
One faction in the town
felt that the clock tower, which gives the courthouse its turn-ofthe-century charm, should be removed as a first step in a modernization program for the building and eventually for the whole town.
This group's rationale was that the tower's only purpose was an
aesthetic one as few people in the town could actually see the clock
from the street or their homes, and the $6,000 which would be required
to restore the clock could be used in a variety of other ways for a
greater public benefit.
clock tower.
The second alternative was to restore the
The supporters of this alternative argued that the
clock tower was the town's "trademark" and to destroy it would be
unfortunate.
The citizens of Granbury wisely chose to restore.
This
decision is not at all suprising for one who knows the people of
Granbury.
Most of Granbury's citizens are proud of the town's old
buildings and historical background.
With this act, Granbury had
taken the first sfep toward a preservation program.
In 1964 the
7<
courthouse received a Texas State Historical Survey Committee marker.
On December 18, 1966, The Fort Worth Star-Telegram announced the event
which was to make Granbury's historic preservation activity viable 1
"Ceremony Will Launch De Cordova Bend Work, The Brazos River Authority
Will Begin Construction of $16.3 Million De Cordova Bend Reservoir
Project At 2 P.M. Thursday With Ground-Breaking Ceremonies".^
The ceremonies took place, the dam has been built, and Hood County
now has Lake Granbury.
More than 40 different developers are
developing Lake Granbury's 103 miles of shoreline.
Some of the
78
individual developments involve more than 1000 acres of land.
The population in Hood County has increased over 50$ in the last
few years because of the De Cordova Bend Dam which dammed the
79
Brazos River and created this "godsend"—Lake Granbury.
Granbury*s
population of more than 35°0 represents a growth of 100$ during the
past five years.
The area's growth and new prosperity is directly-
related to the creation of the new lake.
Daily new residents are
moving from the Dallas-Fort Worth area and purchasing homes in the
new developments in order to live on beautiful Lake Granbury, and
to enjoy the recreational activities it offers.
Texas Power and
Light is currently constructing a nuclear power plant in southern
Hood County with completion scheduled in 1975» which will cause the
population to increase even more.
The damming of the Brazos River
has not only saved the "sleepy" little town of Granbury from the
slow death it was experiencing, but it is also making the town's
restoration possible.
Mrs. Mary Lou Watkins, who with her mother
undertook one of the first private preservation projects in Granbury—
the home of her grandfather which was built in 1879 and which is also
her birthplace, is a citizen who is determined to see the town preserved
When asked if the damming of the Brazos and the development of Lake
Granbury was a threat to her preservation dreams, Mrs, Watkins gave
a negative response:
RO
"new people have made the restoration possible."
LEGAL BASIS FOR HISTORIC DISTRICTS IN GRANBURY
a.
Principle of Historic District Zoning:
Today the historic district
approach is a well-established legal tool for historic preservation
programs.
Community appearance is now firmly established as an aspect
of the public welfare.
Historic preservation is now part of our
national policy, and the preservation of an historic district will
further that goal.
Viewing a preserved historic district is not only
aesthetically pleasing but an educational experience.
Congress
has declared that historic preservation is vital to our pursuit
81
of a better environment.
b.
Civil Statutes
Texas law authorizes Texas cities to control historic
land and buildings by zoning provisions.
The Texas law granting
Texas cities the power to enact historic zoning is Article 1011a:
For the purpose of promoting health, safety, morals, and for the
protection and preservation of places and areas of historical and cultural importance and significance, or the general welfare of the community, the legislative body of cities and incorporated villages is
hereby empowered to regulate and restrict the height, number of
stories, and size of buildings, and other structures, the percentage
of lot that v;:ay be occupied, the size of the yards, courts, and other
open spaces, the density of population, and the location and use
of builo.,.ngs, structures, and land for trade, industry, residence,
or other purpose; and, in the case of designated places and areas of
historic and cultural importance, to regulate and restrict the
construction, alteration, reconstruction, or razing of buildings
and other structures,. Acts 1927, 40th Leg., p. kZb, ch.283, § 1;
82
Acts 1959, 56th Leg., p.883, ch. kO6, S 1.
PURPOSE OF THIS DEVELOPMENT PLAN;
This research project was undertaken
August 28, 1972, in order to provide the town of Granbury, Texas
with a comprehensive preservation plan.
At that time many of the
town's citizens were engaged in piecemeal, private restoration
activity.
One of the town's more prominent citizens who is determined
to see the town's 'West Texas heritage" preserved, when asked if there
was a plan for the town's preservation replied that there was no
plan but that there were only "dreams". The preparation of this
material was contracted to earn the researcher one hour of credit
as a law school independent research project and to furnish a means
UMAS ADD-ON
SCALE /"WOO
1959
INFORMATION MAP
LEGEND
*
FIRE
- F I R E
HYDRANT = 3 WAY
H Y D R A N T S
(^EXISTING
WELL
WAY
LOCATION
£ NO.
NOTE
5
I
U
NO. I W E L L I S D I S C O N T I N U E D . P L U 6 E D ( S E A L E D .
STREETS I ALLEYS DESIGNATED B U T - N O T OPEN
OR
DISCONTINUED
A TOWN S Q U A R E H I S T O R I C D I S T R I C T , C R E A T E D B Y
- / . n n m k i l r p Mr. R 7 P A S S E D h F r i - M R F P It I P ? ?
-7for the local "dreams" to come true, Unbeknown to the researcher
a plan for the preservation of the town square by having it zoned
a historic district was introduced and passed on the first reading
December 5, 1972, by the City Council of Granbury, and finally passed on December 19, 1972.®-^ As Granbury's Ordinance No. 57 declares
only the commercial district of the town an historic district,
which was to be only one aspect of this proposed plan as originally
formulated, a revised plan is submitted as a plan for the creation
of a residential historic districts
B, PROPOSED RESIDENT!^ HISTORIC DISTRICTS
.1, BOUNDARIES;
"Old C-ranbury".
"OLD GRANBURY"
Generally described as that parcel of land in the town
of Granbury, Hood County, Texas, included within the bounds of
the following general description; Beginning at the southwest corner
of Rueker and Crockett, thence south two blocks to the southwest
corner of Live Oak and Crockett, thence east two blocks to the
southwest corner of Liv© Oak and Stocton, thence south to the southwest corner of Counts Alley and Stocton, thence northeast to the
to the southwest corner of Counts Alley and Blanch, thence south one
block to the northwest corner of Bridge and Blanch; thence west
one block to what would be the northwest corner of Bridge and
Cleburne, thence south two blocks to what would be the northwest
corner of Bluff and Cleburne, thence westwardly in a straight line
from that point, four blocks to the northwest corner of Bluff and
Crockett, thence south to the natural bluff; from that point westwardly four blocks to the southwest corner of Doyle and Thrash,
thence south southwest to the northeast corner of Torry and Baker,
thence north five blocks to the southeast corner of Live Oak and
Baker; from that point east two blocks to the southwest corner
of Live Oak and Travis, thence south one-half block; from that'
point eastwardly in a straight line two blocks to what would be the
southeast corner formed by the intersection of that line and
-
8
-
Houston, thence north two and one-half blocks to the southeast
corner of Rucker and Houston, thence east one block to the
place of beginning.
2, CHARACTER;
At one time the area's character was almost exclusively
residential in nature.
At present the majority of the structures
in the proposed historical district are over seventy-five years
old and moot are currently usod for residential purposes.
The town of Granbury lias kept its uniform character possibly
more than any other town in Texas of the same age.
a.
Architectural:
stylo.
Architecturally there is no uniform or predominant
The David Nutt Home is of "plantation" stylej the residence
of E.A, Hannaford is a "mild American-Gothic"; the Andy Aston
home is of a hybrid "Victorian-Greek Revival" style; and the old
rock house on the Glen Rose highway is of the early "Hood Countian"
style.
b.
Environmentali
The environmental character of the town is atypical
for a West Texas town.
of the Brazos River.
The site of the town is on the west bank
This location was chosen because of an
abundant water supply.
Some of the early homes were built from
lumber produced and milled at the site of the town.
There are
beautiful old oak and pecan trees in this area.
3. SIGNIFICANCE;
The homes and structures in the proposed area are only
of local significance both historically and architecturally.
The fact that no one of national importance ever called the to>m
"home" does not make the homes of these early day Texans any less
worthy of preservation.
Architecturally these buildings manifest
a wide variety of cultural backgrounds which makes them authentic
"Texiana". What makes the area architecturally significant is
that the wide variety of types or styles creates a unique harmony.
•pjPLEMENTING THE FLAK;
lf
PROCEDURE TO MICE A DREAM COMB TRUE
pRgJMH/uHES:
a,
Recognition:
The first step in any preservation program is the
recognition either by an individual or a small group of civic-minded
citizens that the town or city has historic landmarks, buildings,
or architectural treasures which are worthy of preservation.
This
recognition may be merely an oral manifestation to that effect or
illustrated in private restoration activity.
The descendants of
the Nutt family, that with others donated the original land for
the building of the town of Granbury„ were among the first to
recognize that the town was unique and that its character should
be preserved.
b.
Survey;
The second suggested step is for those who seek to pre-
serve the town to conduct a survey, possibly by petition or by a
specially called election, to determine the feelings of the town's
citizens concerning the institution of a local preservation program.
Preservation is a costly activity.
For any preservation
program to be successful it must be desired by the majority of the
resident owners who are the taxpayers.
The citizens must be made
aware that with the enactment of a preservation plan they will be
forfeiting some of the traditional incidents of the ownership of
real property in fee.
Those whose property rights might be affected
by the declaration of an historic district also need to be informed
of the many benefits which accompany such a program.
The two major
benefits which need to be stressed are that generally when property
is included within a historic district the market value of the
property rises and that a restoration project would increase tourism
which would generate many new dollars for the community.
that preservation can pay for itself!
Emphasize
If the majority of the people
are in favor of preservation there is no reason why the activity
should not be successful.
In Qranbury the majority of tho people
appear to be for preservation.
The citizens first voiced that
sentiment when the future of the courthouse tower was threatened.
Several of the fine old homes in the town have subsequently been
restored and many of the businessmen whose stores front on the town
square have "remodeled" or "undeveloped" their storefronts to give
them that turn-of-the-century charm,
A large group of concerned
citizens formed an opera association to insure that Granbury's
opera house would be restored„
Organization;
If the initial preservation projections receive
popular favor„ then the next step is to organize the local preservation effort to lay the groundwork for a comprehensive preservation program and to work with the local planning body to insure
that preservation is included in the planning for the town's future.
It is suggested that the County Historical Survey Committee perform
the preliminaries.
There is in existence the Hood County Historical
Survey Committee.which may carry out the proposed preliminary steps
in a preservation program.
If there is no County Historical Survey
Committee for the county in which the town to be preserved is
located, application should be made for the county judge to appoint
such a committee.
The county judge is authorized by statute to
appoint the committee in January of odd-numbered years.
Inventory?
A County Historical Survey Committee's first project
should be to take a preliminary inventory of all of the county's
historical assets.
All property within the county of historic or
architectural significance should be identified and basic facts
Q £about each building should be recorded at this stage.
The main
purpose of the inventory is to identify historic property.
The
county judge is authorized to pay the expenses necessarily incurred
by the committee in conducting the. inventory from the county's
general fund . If financial assistance is needed in order to carry
out the program, the county may seek federal assistance from the
Department of Housing and Urban Development through its Con rrehensive Planning Assistance Program.
The State Survey Committee
which is charged with implementing the plan of developing Texas'
historic resources recommends that a County Historical Survey
Committee establish at least five subcommittees including a historic
preservation committee, a historic marker committee, a historic
appreciation committee, an advisory committee, and a finance and
.budget committee.
Each subcommittee might in turn create special
committees to study special problems.
This delegation of function
is encouraged as it should raalce the county program more productive
and well-rounded.
Refinement;
If the county inventory reveals that there is sufficient
justification for the implementation of a preservation program for
the town whose citizens are desiring such action, then an existing
civic group or a special preservation group should be formed to
back the program and see that it is implemented.
A local attorney,
architect, and realtor who are interested in the project would be
qualified to serve as members of this group and such membership
should be solicited.
This special group should work closely with
the County Historical Survey Committee,
This group should also seek
the support of and work with any local planning body in the town
for which the preservation activity is intended.
The members of
the County Historical Survey Committee from the town seeking the
preservation should also be membors of the special group which has
the refined function of "pushing" the program through.
The
members of this group have the task of planning the local program.
This groups first activity should be to set forth the objectives
-12th G community hopes to achieve with the preservation project.
After researching and carefully studying the various preservation
methods and laws „ the group must decide which preservation approach
will best servo those objectives.
Private preservation activity
should ba encouraged at all times as public preservation and public
ownership will result in the removal of the property from the local
tax rolls and there is also a greater tendency that these buildings
will become museums instead of serving a viable function.
ownership and restoration of historic properties gives
Private
the owners
a sense of accomplishment and a new pride which will make them
better citizens who are concerned about and interested in the town's
future.
For Granbury, due to the high concentration of the first-
built houses on the land surrounding the courthouse and the new
Town Square Historic District, the historic district method of
preservation would be the best tool to preserve the town's character
from change.
This method may be utilized even though all of the
buildings within the proposed residential historic district are
not considered "historic".
The essence of this method of preservation
is the architectural control of a geographically definable area
86
by means of historic zoning.
For the community deciding to use
this preservation tool, before seeking the creation of a special
historic district the special preservation committee will need to
formulate a plan similar to Part II, B,
The first step in satisfy-
ing this objective is to decide what property is to be included in
the proposed historic area. After the boundaries of the proposed historic
district are decided upon the area will need to be legally defined.
The proposed historic district should also be defined upon a good
map of the city*
The special preservation group should also prepare
a plan illustrating how this project will be adaptable to the town's
master plan of the tor-m's future.
It is also recommended that the
preservation organization draft a proposed ordinance incorporating the
types of architectural controls that they feel would best facilitate
the preservation of the district's character.
Generally provision should
be made that no alteration be made to the exterior architectural
features of the buildings within the proposed historic district, and that
no new structures be built whose height, design, or construction
material would be inconsistent with the character sought to be
preserved, without the approval of a special preservation committee
which would be created with the declaration of the area an historic
district.
Provision should also be made for a review board to administer
the law in the event that it is enacted.
Provision should be drafted
to establish the procedure which a property owner desiring to make
an alteration or to build a new structure on a site within the area
must follow, and to provide a penalty for failure to conform with
these rules.
Once the plan has been adequately researched and
prepared, the special preservation group backing the town's preservation should present the plan to the town's local legislative body,
generally a city council, asking that the proposed historic district
be zoned an historic district pursuant to the Texas zoning enabling
act,
FOLLOW-THROUGHs
a.
Intensive Survey:
Once the historic district is created and its
boundaries are legally defined, a more intensive survey should be
made, concentrating upon the property included within the historic
district.
This survey may be used as the guide for the preservation
program, and the information gathered about the buildings within
the historic district may be used as the adequate documentation
which is sometimes required as a prerequisite for federal restoration
assistance,
A more detailed description of the property is required
for the survey than was assembled for the listing of the property
Ory
on the preliminary inventory.
It is recommended that measured
88
drawingsv ink drawings showing the prominent architectural features,
and photographs "visually" record each structure within the historic
89
district.
A history of the property in the form of the "chain of
90
title"
should be prepared, as well as information about the
architect who designed the house and about the families that have
lived in these houses.
This information will aid in the preparation
of a description of the building and may be used as the source of
information to be recorded on an historical marker.
Local historical
societies and civic groups can be looked to for assistance in the
preparation of these materials,
Deeds, wills, and tax records may
be looked to for information concerning historic properties,
b.
Advertisings
As one of the main incentives for the preservation
of historic sites and districts within a community will be the
creation of a tourist attraction from which monetary benefits
may be reaped, the community must ready itself to receive tourists.
Historic markers should be placed on as many historic structures
as possible to identify the properties which are of historic
significance for the sake of the unfamiliar tourist. A tour of
the town's historic properties should be prepared in the form
of a pamphlet with a map of the town indicating the location of
properties which tourists would appreciate viewing.
A seasonal
"tour of homes" should be developed opening up designated homes
to tourists, A charge for this privilege should be imposed to
further additional preservation activity.
The first stop on the
tour of the historic district should be a local museum ideally
housed in an historic building or home.
The museum should contain
historical objects and memorabilia that have played a part in the
town's history.
The museum should be publicly owned and the
repository of many of the .town's treasures of historical signicance.
The main purpose of the museum will be to instill an
-15appreelation for the town's past by displaying artifacts of local
historical significance, while preparing the tourist for the
"living museum" which he is about to experience.
If any of the
items included in the museum's collection are connected with
any of the properties to be viewed on the subsequent tour, they
should be so identified to make the tour a little more meaningful
"Old Granbury" will be a living picture of an historic Texas town
past, and one more precedent for the preservationists" argument
that the historic town that combines yesterday with today will
enjoy a promising future.
NOTES
1
Associated Press, "Tech students ready Vernon for busy civic future,"
publisher and date of publication not available,
2
the HUD demolition grant program, HUD Circular R/lP-92 (July 1968),
3
National Geographic, '"GASLIGHT NOSTALGIA' Cities Revive Sense of Old,"
The Fort Worth S T A R - T E L E G R A M (Thursday Evening, August 5, 1971).
*
5
Letter from Joe Watterson, Urban Planner for the City of Dallas, to John
Krahmer, Assistant Dean of Texas Tech University School of Law, June 26, 1972,
on file in office of Professor Ruth ICirby, Texas Toch University School of Law.
5
Nat'1 .Park ' nee,. U.S„.,Dep't of . the Interior, The National Register of
Historic Places Vil (1969),
6
Nat'I Park S •vice, U.S., Dep't of the Interior.,, The, Historic American
Baildihgsj-'urvey, Recording Historic Buildings v (1970),
Wilson & Winkler, The Response of State Legislation to Historic Preservation, 36 Law..!&...Contemp-.Prob,. 329 (1971")"
8
-
-
Gilbert, Precedents For The Future, 36 Law & Contomp. Prob. 311 (1971).
Recording Historic Buildings, supra note 6,
10
Gilbert, supra note 8, at 31311
Id. at 309-311.
12
UnS.»_.Dep.'.t_..o:E. Housing .and..Urban Development, Programs„of_Hud 29-30
=
(August I967JV
"
"
13
Gilbert, supra note 8, at 309»
14
Antiquities Act of 1906, 16 U.S.CU 0 431 (1970).
15
Historic Sites Act of 1935* 16 U.S.C. S 46l (1970).
16
small urban parks, HUD Circular HUD-5O-MD (August 1970).
17
Demonstration Cities and Metropolitan Dev. Act, 'l-O U.S.C. 461(h) (1970),
See Gray, The Response of Federal Legislation To Historic Preservation, 36
felLA_Contemp. Prob, 314, 323-4 (1971)*
18
Ur S, Pep" t of Housing, and Urban Development, The._Hlsto;ci._c._.Preservatlon
Program"( July 1970). ~
~
19
Housing Act of 1949 § 110(b), 42 U.S.C. "02 1460(b), (c) (4) (1970).
20
21
Housing Act of 1949 0 110(d)(2), 42 U.S.C. 0 1460(d)(2) (1970).
Gray, supra note 17, at 324.
22
The National Register, supra note 5, at VII.
23
The Nat'I Foundation on the Arts and the Humanities Act of 1965, 20
U
.S.C. sQ 951-63 (1970).
2 4
Gray, supra note 17, at 32525
The Historic Preservation Act of 1966, 16 U.S.C. § 470 (1970).
26
Gray, supra note 17, at 315.
27
The National Register, supra note 5? at VII.
28
U^S, Dep't of Housing; and Urban Development, Open,5pace._For Urban..America
i (1965)" r ~
~
29
Programs of Hud, supra note 12, at 29-30.
30^
The Urban Renewal Program is authorized by the Housing Act of 1949» ££
amended, and is administered by the Community Development Administration, U.S.
D e p a r t m e n t of Housing and Urban Development, See note 19 supra.
31
Historic Preservation in Urban Renewal Areas, HJD Circular HUD-84-CD(2) .
(April 1972),
'
32
Programs Related to technology & research, HUD Circular HUD-19-SP
(September 1 9 6 9 ) .
33
.Open . J3pa ce_F-or—Urban -America, supra note 28, at 85. Assistance may be
obtained to acquire open space to preserve historic areas. Historic zoning may
be a tool to preserve open spaces. For a discussion of how historic zoning may
affect the open space program see page 39 of this publication.
34
The Urban Beautification & Improvement Program, HUD Circular HUD-I36-MD
(July 1970).
35
Fixing UP Your Home, HUD Circular HUD-52-F(2) (March 1971).
36
Hud Programs To Assist Recreation Facilities and Activities, HUD Circular
HUD-47-SP (March 1976).
37
Thj3-HlstQric-Px.es.ervation_JEx.offram, supra note 18,
38-
-
Office of Economic Opportunity, CataIog_of.,FederaI...Domestic Assistance.,
463 (1972).
~
~
39
Id. at 460.
40
Id, at 460-1, The National Trust for Historic Preservation is a nonprofit,
private corporation which Congress chartered to encourage private preservation
activity. Historic Sites Act of 1949 2 1, 16 U.S.C. § 468 (1970). The National
Trust is one of the principal sources of information and support concerning historic
preservation. See <!,>—Codman, Preservation.,of_Historic-DiS-tricts...by-Ar.chitectural
Control 5 (Am. Soc'y~of"Planning Officials 19567.
~
41
CatalQg_of_F-e.deraUDoraesti_q,Assistance, supra note 38, at 397, 460,'46l, 463,
42"
Gray, supra note 17, at 324,
43
Wilson, supra note 7, at 329.
State law from jurisdictions other than Texas is only of persuasive authority
in this
state and hence of no legal effect. Part i of this research project was
not compiled to be a scholarly discourse on federal and Texas historic preservation
legislation, rather it is the product of a study of these current laws — a s tools,
a
nd was assembled to be a tool to be used by Texas cities and towns in ordor that
preservation plan could be formulated for an historic Texas town pursuant to
those laws. Part II, a preservation plan for the historic town of Granbury,
Texas, emanates from that study.
45
Tex>_ Const, art. 16, § 39,
46
Tex, Rev- Civ., Stat. Ann, art. 6145-9, S 2 (1970).
47
~
- " •
Tex„—Const. art, 3, S 51-b(a),
48"
Texjjte- ..Ci.v-.._S_ta:b.,„Ann. arts. 678m., S§ 1, 3 (1964).
49
' '
~
Tex. Const,, art. 16, S 39. See Tex,_Rev. Civ, Stat^Arm. arts, 5434-35
(Supp. 1972), 5445 (1958),
=
50
Tex^Revn_Cj,v.,...Stat„. Ann. art. 6145, SS 7-14 (1970), as amended, (Supp.
1972).
"
51
Tsx_RoyCiv.,.Stat....Ann. art. 6145-10, § 4, (Supp, 1972),
52"
"
Tex^Rey„_..Clv„ Stat„ Ann, art. 6145-7, § 1 (1970).
5T
.Tex._Rev.. Civ„ Stat. Ann. art. 6145-7, § 10 (1970).
54"
Tex^Rev • Civ, Stat. Ann, art. 1011c (I963).
55
"
'
~
Tex. ..Rev- Clv„ Stat. Ann, arts. 1011a-j (I963), as amended, (Supp. 1972),
:
5o
*
See generally Note, Land Use Controls in Historic Areas, 44 Notre Dame
379 „ 383-389 (1969).
~
57
—
—
58
TeXcwRev., ..Civ ».. Stat*.
J'om.. art.
(Supp. 1972).""
59
Tex,__Rev„ Civ, Stat_a_ Ann. art.
60
'
Tex»._.Rev0_Civ»..Stat* Ann, art.
61"
Tex.. Rev, Civ, Stat,,
art,
62TexRev,, Civ, Stat,. Ann. art.
63^
Tex.„.Rev. Civ, Stat,,. Ann , arts
-
—
Historic Preservation Workshop, National Symposium On State Environmental
legislation, Suggested..Guidelines For.State..Historic.Preservation.Legislation
=
=
34 (1972).
~
=
=
~
65
Gray, supra note 17, at 328,
66
•
Tex, Const, art, 7» § 1.
67
T e x C o n s t , art. 8, § 1 9 .
68""
~
_Tex„ Const, art, 8, J 2. See generally Interpretive Commentary,
69
Texo.. Reya...Civ, Stat, Ann, art. 7150, § 9 (i960).
70
Tex „ Rev „_Cly ,_Stat... Ann . art. 7150, §§ 20 (I960), 22-22a (Supp, 1972).
71
Leander Independent School DIst. v. Cedar Park Water Supply Corp.,
^79 S.W.2d 908 (Tex. 1972).
72
Id. at 908-912.
73
The....Junip:<»..WoTtian''.g.._Club-.Granbury.^-Texas, Ho.Qd„County. His tory..,In--Picture
And-Story 1970 H-54 (1970);
~
~
V„....MaIoney, Tha.-S.toiy. of Conrnche Peak 1 (1970).
75" ~
The Fort Worth Press, April 12, 1970, at 3-C, col. 1.
76
The Hood County News, September 23, 1971, at 18, cols. 3, b.
77
Hood_Cpiinty__His. tory, supra note 73, at H-51.
78"
The Fort Worth Press, April 12, 1970, at 22-C, col. 2.
79
Letter from E, Cathey, Secretary Granbury Chamber of Commerce, to researcher,
September 21, 1972.
80
The Fort Worth Star-Telegram, July 25, 1971, at 17-A, cols. 5, 6.
81
Up until 1927 when the historic zoning enabling legislation was enacted,
the historic district method of preservation was not available in Texas. Prior
to that time Texas courts were of the belief that the police power could not be
legally exercised for aesthetic purposes. In Spann v. City of Dallas, 111 Tex. 350,
235 S.W. 513 (1921), the Texas Supreme Court held that to regulate a use which was
not "endangering" of the public welfare was illegitimate. This decision indicated
that the Texas courts were not going to allow private property to be regulated for
aesthetic reasons alone. Texas courts of today will probably be influenced by the
dictum in Berman v. Parker, 3^8 U.S. 26, 33 (195*0 » which would authorize the
use of the police power to accomplish aesthetic goals,
82
Tex.—Rev._Civ... Stat^_Ann. art. 1011a (1963).
83"
^
Granbury, Tex., Ordinance No. 57, December 19» 1972. Interview with Mr,
Randal Rash, Chairman of the Hood County Historical Survey Committee, in Acton
(Hood County) December 26, 1972 disclosed that he was the originator of the plan
to have the town square declared a historic district. He informed the researcher
that he first envisioned this plan in November,1972.
8^
Hood^ountyJistory, supra note 73, at H-22-3.
85~
"
TheJHistori.c. Ameirj.canjfoildings Survey, supra note 6, at 120.
Information for the Inventory
Basic identification and location, ownership and use, classification by stories and construction.
Name, date or period, classification as to style, names of architect and builder.
Description of the structure and statement of its historical significance.
Evaluation of the physical condition.
Location map and photograph.
List of publications,
•Idgr,tifi.ca.tiQn_of the person making the record.
„
Codman, supra note 40, at 1.
87"
Ths_Historic A-merican. Buildings _Suryey, supra note 6, at 98
Basic Information for the Intensive Survey
Name of the structure.
Location and address of the structure.
Ownership, occupancy, and present use.
Physical history,., to the extent that it is known or ascertainable, is needed;
Name of the original owner and of subsequent owners
' (chain of title, in whole if possible).
Date of erection.
Names of architect, designer, builder, suppliers, etc.
Description, in whole or in part, of the original plan and construction of
the structure»
i
Descriptions of known alterations and additions, with dates, name of archi- j
tect, builder, etc.
I
|
Historical events and persons associated with the structure,
i
Sources of information for the above facts.
|
Name(s) of the person compiling the history, and date.
In case the structure is important enought to have been well published, the
)
( physical and associatal history may be briefly summarized, and a bibli-
SOUTH
ELEVATION
This elaborate house, "Bishop's
Palacc,"
was designed
architect, and built 1SS7-93. l)rau>n in ink.
by Nicholas
Clayton,
?o rt
150
Hustings Courthouse, Petersburg,
Va. Calvin
Pollanl,
architect.
Copy of a photograph
takeh April 2, 1865,
jrom Francis T. Miller, The Photographic
History
of the Civil War (New Yorlc: The Review o/ Reviews
Co., 1911).
151
RANBURY, an old town with young ideas, and the
surrounding Lake Granbury country has that "West Texas
feeling" and much is being done to preserve it. Take a
stroll around the square or a side trip around the area,
you'll see.
H /
\ypy
'X
s
0 UPPER LEFT:
The Nutt Holel built in 7393 of handhewn
stone by David L. Nutt.
O UPPER R I G H T : The Hoed County |aii erected in 1836,
replaced wooden jail built in 1873.
or;
O L O W E R L E F T : Artist's conception of Granbury Opera
House, now being restored. The original wes built in
O L I P A N , T E X A S : Named for the Lipan Indians, it is
primarily a community of ranches today. Lipan enjoyed its greatest growth when "Cotton was K i n g "
c
it was farming country. Frequently, arrowheads
and other artifacts are unearthed in the area today.
1886.
0 C E N T E R : The Hood County Court House was erected
be; een 1889-1393 of native stone.
O A C T O N , T E X A S : Known cs Comanche Peak Post
Office until named Acton in the mid ISOO's. Burial
p!
of David Crockett's widow, Elizabeth, is Texas'
smallest state park.
O L O W E R R I G H T : The old Granbury State Bank is of
"Granbury architecture". Today it is used for offices.
r-
L
O COMANCHE
/^ V
for
game
PEAK:
and
The
enemies
Indian's
r':es
l : :':out
above
the
countryside just south of the city and commands a view of Lake Granbury country.
W
,
' "
I
I
A J)
"i r -~ .
V1'
SITES CP INTEREST
O CRESS O N , TEXAS: One
Lalce Granbury country.
son, in6 leader of an
later returned to open
of *r«* zlder communities of
It
.Timed for John Creseariv rcy wagon train. He
a gamrrl store.
O TOLAR, TEXAS: Named in her.:.- cf General Tolar by
Col. W . L. Gcughey, an « r ! y community leader.
Belle Starr, notorious womar bendit, was captured
in tfie Tolar area in what ii now known as Starr
Hollow.
0 T H O R P SPRING, TEXAS: A r r " : r i t e summer resort of
early Hood County where v&vcrs prized {he sulphur
spring. Addison and Randolpt Clark were directors
of Add-Ran College, founder! 'n the 1870's. The college was moved to Waco in T 2*76 and 1910, moved
to Fort Worth to become TE;;CS Christian University.
O LAKE GRANBURY: Beautiful '..rice Granbury, clear,
deep and blue is sheltered f-:in high winds and provides year-round fishing and jvher sports.
Enjoy a quiet, tranquil life in Lake Granbury country
only minutes away from the rsrr Worth - Dallas area.
Partake
of the Old
Hospitality
In the
Western
NEW
J
R a f ' T , r>
P ™•• !
A
A Water Co:
? ' r r^
V V /'Hi.
P ~ C 1 r> \
ivsiion Project of the
yip
/L •
/
BRAZOS RIVER AUTHORITY
State of Texas
i.
..l
i.j!
33 AUTIFUL
Cl'
A 7.T-DTT-Q-7
LT ivrii
• U - i. J.
DAM:
Elevations (Feet Above Mean Sea Level)
Natural Stream Bed (Approximate)
Crest of Spil Iway
Top of SpilIway Gates
620
653
693
Top of Earth Dam
Length (Feet)
706.5
Concrete Portion o f Dam
Earth Embankment Portion of Dam
932
1,324
Total
Spillwoy
2,256
Gross Between Abutments
Clear Opening
Crest Gates (Flood Control)
,
651
576
Number
16
Height (Feet)
35
W i d t h (Feet)
R E S E R V I O R : (At Top o f Crest Gates)
Elevation of water surface at dam
(Feet Above Mean Sea Level)
Area
Capacity
Length
Acres
Acre-Feet
Gallons
36
693
8,500
155,000
50,503,464,000
A i r Line M i l e s
16.2
River M i l e s
33.5
M i l e s of Shoreline
Depth at Dam (Feet)
103
73
C H A M B E E OF
P. O. BOX
COMMERCE
27 7
J
monument marks
the
resting place of E l i z a beth Crockett, w i f e of
the Alcmo hero Davy
Crockett.
.. U
rz p
The grave-
_
Hood County v. as crested in 1 ; 3 from Johnson
Couniy and named for G s n e r a l John 8. Hood of the
Confederate A r m y .
1 private c l i n i c ,
miles
southeast
of
Granbury,
1 n u r s i n g home
Newspapers - w e e k l y , Hood County Informer -
News
T e l e v i s i o n - 5 stations received
?
Motels - 1
GEOGRAPHICAL
LOCATION:
G r a n b u r y is l o c a t e d in N o r t h C e n t r a l T e x a s on U .
S.
H i g h w a y 3 7 7 ana' S t a t e H i g h w a y 1 4 4 , 3 6 m i l e s W e s t
Southwest of F t . V/orrh.
It is t h e county ;<;ot o f H o o d
County.
POPULATION:
City - 3500
.
,
County-6182
EDUCATION:
.. .
O ver 1 1 0 0 s t u d e n t s housed on one c e n t r a l i z e d
The person or family who is looking for the commun i t y that combines yesteryear w i t h today can find i f in
G ran bury.
location.
Located w i t h i n 4 5 minutes o f 4 major colleges.
A c t i v e in
a l l phases o f s p o r t s : F o o r b a i l , B a s k e t b a l l , T r a c k ,
Band.
F u l ly a c c r e d i t e d h i g h s c h o o l . A c t i v e F F A c n d 4 - H program.
RECREATION:
C i t y P a r k , public swimming P e e l , f i s h i n g , beating,
swim-
ming on L a k e G r a n b u r y .
CHURCHES:
7 churches r e p r e s e n t i n g 6 d e n o m i n a t i o n s .
TRANSPORTATION:
Rail:
Air:
Santa F e , M o t o r F r e i g h t - 2 , Bus L i n e s - 1
Granbury Municipal, 3000 F t .
runway
F t . W o r t h Meacham - 3 5 m i l e s
F t . W o r t h Greater - 45 miles
D a l l a s L o v e F i e l d - 31 m i l e s
MAJOR INDUSTRIES
At Thorp Springs, three miles northwest o f G r a n b u r y ,
ore the remains of A d d - R a n
Christian College,
predoc:.::•!" of Texas Christian U n i v e r s i t y now located
in Fort Worth.
six
Bank
2 c h i r o p r a c t o r s , 5 medical d o c t o r s , 2 d e n t i s t s
Granbury, the couniy sear of Hood Couniy and oted
for its many historical s i t e s , is located 36 miles southwest of Fort V/cri'h on beautiful Lake Granbury. Comanche
Peak (pictured above) is nearby. A landmark of h i s t o ri ".aI prominence w i t h i n the county, Comanche Peak is
a popular subject v.'ith historians.
At A c t o n ,
v
M e d i c a l - 1 h o s p i t a l w i t h 22 bea's
ing from the metropolitan area to l i v e on picturesque
Lake Granbury and the community is readying i t s e l f to
receive tourists and industry which it .: .n serve.
anche Peek
n r
i
•!i:-=•
tif|
LJ
'EX AS
U
G r a n b u r y S i a t e Bank
Granbury's population of more then 3 5 0 0 ,
represents a growth of
100% during the past
five years.
C:
J
A r..' o | | o
E>snks - F i r s t N a t i o n a l
.
site has been designated
end is kept as T e x a s '
smallest State Park.
A chcnging_ economy benefits the G r a n bury of today. Long an
agricultural community,
now residents are mov-
uU L
& AGRICULTURE:
2 clothing manufacturers, cattle, cotton, g i n ,
Granbury Elementary School
sheep,
g o a t s , p e a n u t s , pecans and l i m i t e d f a r m i n g .
L , ILITLES:
David
L.
Nutt
Home - b u i l t in
a
1 379, of cypress
lumber
hauled
by ox-cart from
East
Texas,
Hood
County's
first
hotel.
M u n i c i p a l S o u r c e ; T e l e p h o n e s : Sour
'estern
B e l l ; G a s : Lone Star G a s C o . ; W a t e r : M u n i c i p a l
Electricity:
Source,
wells.
GOVERNMENT
SERVICES:
C o u n c i l -/-'onager form o f g o v e r n m e n t , mayor and 5
councilman.
Volunteer Fire D
artment.
F i r e I n s . K e y rate . 4 4 , F i r e r e c o r d c r e d i t
15%
TAXES:
C i t y - S I . 4 5 per $ 1 0 0 assessed v a l u a t i o n . 2 5 % assessment
o f actual v a l u e .
C o u n t y - S I . 7 3 * and 2 0 %
Nutt
Hotel
built
in
School - $ 1 . 1 0 w i t h 3 5 %
-
or
hand
hewn
native
stone .
Converted
to
* Vi •
p r • »« n t
In
1919.
I n c l u d e s C o u n t y , S t a t e , F a r m - t o - M a r k e f Road a n d
4
1893
Library Taxes.
LABOR:
k l . G G G_U.
Adequate
l a b o r force available
skilled
w o r k e r s . M a n y workers
u
INDUSTRIAL:
N v m v r o u i i f f o i arm ovallabl*
with
skilled
are "outward"
and
alo*tff m//roa</ # h
semicommuters.
Hi
rpV ;r HQ FT
—
... r--,
1
•
•liiuC.'A-^
By L I ® J O H N S O N
Sur-Tolcqram
Writer
CaWBURY — Mrs. M a r y
fatkins of G r a n b u r y is
tminccl to preserve the
'
ZWOB'
V
V ./v..
West Texas flavor of h e r l i o m c
tOVVIl. Tile old N u t t HOUSC figu r e s
strongly i n h e r
dreams
of the town's preservation,
The N u t t House' is a hotel,
<! QL i
0i'
X:-J
d i n i n g r o o m a n d a n t i q u e shop
hotel. The suppliers of N u l l ' s
on the north side of the town
merchandise
square.
p l a c e to spend the night when
I n 1SG8 the Texas State Historical
Nutt
Society
House
Awarded
its
the
visiting
had
no
Granbury
other
on
busi-
ness.
medallion,
This provided the rationale
n a m i n g it a historical a n d cul-
for b u i l d i n g the hotel and res-
tural landmark.
t a u r a n t . I n addition, the new
*
WITH
*
*
THE
first-cousin,
Watkins
building
HELP
Joe
has
of
her
Nutt,
Mrs.
renovated
the
downstairs portion of the N u t t
House i n a n a t t e m p t
to pre-
tile
store
served
with
the
mercan-
larger
facili-
ties.
M r s . W a t k i n s and her mother r e t u r n e d to G r a n b u r y from
Dallas in November
1068, to
serve its " W e s t Texas f l a v o r . "
begin restoration of the fami-
B u i l t of hand-hewn stone i n
ly h o m e s t e a d . " I feel that it's
1803 by M r s . W a t k i n s ' grand-
important
father,
to k n o w
where
I
Lee Nutt,
the
c a m e f r o m , " she said, "This
N u t t House occupies the
old
p l a c e is so beautiful, I ' d like
David
site of a m e r c a n t i l e store constructed of logs. I t w a s here
t h a t two of the N u t t brothers,
J a k e a n d Jesse, both of w h o m
were blind from
hood,
began
early
child-
operating
g e n e r a l store i n
1866.
L e e w a s the y o u n g e r
their
David
brother
of J a k e a n d J e s s e a n d served
a s their
"eyes"
in the mer-
cantile store front the t i m e he
was 12.
*
N.UD-HEWN — Built of hand-hewn stone in 1893
D:IVID LEE Nutt and restored by his granddaugh^ • Mrs. Mary Lou Watkins, the Nutt House stands
_ V h u north side of Granbury's town square.
w m' i-.ni.. I
- \
*
I N 1879 D A V I D L e e N u l t
a n d his wife built the house
w h e r e both M r s . W a t k i n s a n d
her mother, M r s . F r a n k W.
Mehrl.cn, were born.
Until
1!1Q0 this house doubled as a
to preserve i t . "
With
restoration
o f . her
birthplace
completed,
Mrs.
W a t k i n s b e g a n on the hotel,
w h i c h h a d been closed for 15
years. The downstairs portion
is now finished, and a new
d i n i n g r o o m w a s opened on
M a r c h 14. The 17 rooms upstairs are b e i n g m a d e availa b l e for occupancy one by
one.
*
*
*
T H E H O T E L L O B B Y and
d i n i n g r o o m s occupy Ihc east
hah' of the downstairs; a lock
a n d a n t i q u e shop operated by
M r s . M a r y Dixon takes the
p l a c e of (he old mercantile
slore on the west.
M r s . WHIkins takes a spr-
157
Sim., J u l y 23, 1071
Fort W o r t h STAR-TELEGRAM
I*
iii •
i i
C O U N T R Y S T Y L E — Checking the
glassware
stores at the N u t t House dining r o o m are Mrs. Mary
cial
interest
in
tlic
dining
room operation. "There is a
folk art of cooking in this part
of the country," she observed,
"And unless it is preserved, it
will disappear like everything
'else.
"Perhaps the early settlers
did not know the names of all
ihe vitamins, but they were
aware of their essential qualities and prepared their food
accordingly," Mrs. Watkins
explained. "We are trying to
preserve their manner of handling and preparing country
food and to do with country
cooking with Eddie Arnold
did with country music."
Mrs. Watkins hardly considers the damming of the Brazos River and the development of the subsequently
formed Lake Granbury to be
a threat to the community.
Rather, she said the "new
—Slar-Tclcqr.im Photos
Lou Watkins, lefc, and Dorothy Tomliii. The N u t t
House specialty is country cooking.
people have made the restoration possible."
*
"Tins
*
TOWN has that West
Texas feeling, and we are trying to p.v.servc it; not just
the two of us," she said, referring to herself and her mother,
"but the whole town in gener'al. We are trying to restore
the home place of people who
once lived here and draw them
back as I was drawn back."
" I have no plans,"
W a t k i n s explained,
dreams."
Mrs. Watkins is not alone in
her efforts. The Judge Fite
Co. in the old saloon two
doors to the west of the Nutt
House and the First National
Bank at the west end of the
square's north side have both
remodeled their store fronts
and interiors without destroying their "West Texas flavor."
158
? ? u D a l l a s fHontiiitj N m a
Sunday, September 10, 1972
Tours
Shows f
^J*
11
•'
>-,•<;- o'-yir-r; !'y
Uil'JiJil&U
L U N E C W I T E N ^
r " ' h.irv the county seat
^
County, celebrated
t^ennial last year. Un|{
7 r 100 many smaller
L inTexas.il lias wisely
Lvcd its western lieri" W . instead of an arft nondescript "modern
% you find a number of
jjd old buildings of 1800
Iry courlhouse of native
wilh red brick trim
^yies the square; its
pd French Empire ar(Cture catches the eye
B just about any direction
K you approach the town.
m Confederate memorial is
• G e n e r a l H. B. Granbury,
Whom the town is named.
I was killed in 1864, while
irving under General John
L Hood in the famed Hood's
t o s Brigade; his body was
toterred in the Granbury
(a>T(*'i\it/rno
$
tt'UAiAi
' refreshing I have ever tasted.
YOU
WON'T WANT to
miss the display of quilt tops
in the far room of the dicing
room. They are handmade
by a Granbury bachelor,.
Wayne
Gauntt, who uses
scraps from a local" dress
.mill.
Mary Dixon's antique shop
has the expected colleciions
of glassware and china; but
her specialty is clocks. Mantle
clocks,
grandfather
clocks,
big clocks,
little
clocks line the walls; and
most
a>'e ticking merrily
away.
celery in 1893.
THE NUTT HOTEL has
•ed travelers since 1880;
ly's "Nutt House" was
Granbury's 188G opera house is being restored.
teresting of all is the Granbu-
Crockctt is buried.
ry
Instead of staying on U.S.
377 all the way into Fort
Worth, I turned olf on F.M.
J187, south of. Lake Benbrook, to its intersection with
1-35. It traverses rolling pasture lands and is a restful
change from the heavy traffic on the main highways. >
You can bypass Fort Worth
on Loop 820 and return to
Dallas via the Turnpike.
Opera
1886,
it
House.
Built
in
is presently being
restored and will once again
provide
Granbury with live
theater.
The broad mesa of Comanche Peak, once an Indi.m
lookout, dominates the landscape to the south of town.
Six miles to the east is Ac.ton, our smallest state park
where
the wife of Davy
Across the street from the
Nutt House is the 1886 jail,
still in use although, I should
imagine, not over crowded.
The hanging tower on the
front has never been used;
the only man ever executed
in the county was hanged
from a tree on the Brazos
River.
BUT
P E R H A P S most in-
ii!i of hand-hewn stone in
I. Rooms are si ill availaupstairs; the lower sto-
G
is occupied by a dininn
W and antique shop. The
ingroom still serves "dinand "supper"—none of
new-fangled lunch at
jMday. Regular hours are
•JM:30 for dinner and 6
to 8 p.m. for supper
«May through Saturday
^•Sunday dinner from noon
" , 3 o'clock. You can have
» Wemoon snack of a sandapple slaw, hot cobbler
• coffee, iced tea or lem(C,/ Ma ybe it was because
mermometer was flirting
he 100 mark, but the
[
had was the mosc
!•:
C
U E B I G N E I U
ftf
Members
Designers'
Thursday, October 19, 197:;
©lje 'Dallas ifUinttng KTctis
\f>
G I I L L D
Q
/i
p -no o T/7> i o. "i; 11 T/»T: t
l
vi\X1L
IT II <Qi
^MfyJUiJ v
J
of
the Interior
Guild
of
Dallas
Payne Associates, will also
:
be seen on the tour. Dinner :
will tour Granbury Sunday.
will be served at the hotel.
They will visit the restored
opera house, circa 1886; the
original jail and the Nutt
House Hotel on the square,
circa 1880. The de Cordova
Bend Country Club and the
home of Mr. and Mrs. Joe
DeGrazier,
designed
by
The tour will leave the '
Decorative Center at 12:30
p.m. and return at 7:30 p.m.
Reservations are limited to
47 people at $7 per person.
Send a check to J i m Bagwell,
3109 McKinney, Dallas 75204
to make reservations.
!
i
159
F o r t W o r t h Stm-Telecm? v
'J'nrsday
Evening,
September
1, 1071
Uoyd Sicrsan
' hiv ©y niisvory
!? ,1 I""3 rr
..:
' , i i\ /\ ,7 ® r U
n
°
•:•: i
vf ;i |i i. i)4 I. r
u
U
11 tl U u
It 4
u U
if .:« ' •
J»
II.':; always a joy to see a historical building preserved,
but it is a flouhle. joy to see it not only preserved but a
useful, contributing structure again. The Nutt House in
ranburv certainly belongs in lhat category. This historic
stone building on the Court House square is fast becoming
one of the best Known places lo cat in the area.
The country cooking buffet, served Tuesday through
Saturday at noon and at nijiht, and on Sunday from noon
until 3 p.m., is a direct descendant of I lie boarding houv:,
which were, famous in this part of Ihn woild in a much
earlier era. The Null. House chicken and dumplings- arc
proof of that. These are not puffed up, soft " d r o p " dumplings. These arc I he kind which are. a cross between homemade noodles and piecrust, which have been rolled out,
cut into long strips, and dropped in I he spot of chicken
broth which is boiling hardest at the moment.
A NOT]
OP THEIR specialties is cold water cornbread—about the size of a 50 cent, piece, and not much !
thicker, but. it is hard lo choose between the eornbroarl arid j
slices of homemade light bread. The. Null. Mouse sticks 1o j
its authenticity by serving dinner from 11:30 a.m. to 1:30 j
p.m., and on Sunday at noon, and supper from 6 lo
p.m. j
None of Ibis foolishness about calKmg the night meal din-!
iier.
If you arrive, a little early or l i i u y r a little after your
meal, you can play a Jew hands of dominoes, which are set;
up at tables which must have been part of the original;
•furnishings. Chairs in the dining room are those high-1
backed oak ones, with carving arross the back—the kind j
of chairs which were contemporaries with my grandfather. |
A couple of fat, spoiled cats share the lobby with the dom- 1
ino players—although they are not allowed in the dining j
room.
•
j
S<
' I.X *
SOME HISTORIC BUILDINGS give \c,n an impression!
of dingy grandeur. The Nutt House gives you an impre.s- ,
sion of clean, scrubbed vigor. In fact, the impression you
get; from the entire square at Granbury these days is one of
renewed vigor. Old buildings still in use obviously have
been well kept and recently. restored. The court house
lawn is free from litter, as are the streets which frame it. j
A clean, small town is something almost everyone en- j
joys, but. those of us who have, known Granbury most of
our lives appreciate it. even more. W e can recall wlmn '
things were not as bright in Granbury as they are today, j
The DeCordova Rend D.;m, which has created Lake Gran- j
bury and the resiiUm;-; land boom, was a dream of people j
in that region for decades.
I heard so much talk of if so many year's ago that lt ',
was classified in my mind with trips lo (he moon. The.y |
both became realities about the same time. It is pleasant
lo see that, a booming resort community has developed
added appreciation and usefulness for the historic buildings of an earlier era. Nothing like having the best of ;
I wo worlds.