Grossman to request state protection over city-owned Duranguito properties

In a move that will no doubt add another front in the fight to stop the construction of an arena in the area known as Duranguito, historian Max Grossman has indicated he will ask the state of Texas to protect what he claims is an archeological treasure beneath the ground.

Grossman claims an acequia, or ditch, excavated in 1827 by rancher Juan Maria Ponce de Leon is buried approximately 20-30 feet underneath the site, and ground penetrating radar turned up evidence of the structure.

On Wednesday, Grossman published a full page ad in the El Paso Times serving notice of an application to the Texas Historic Commission of what’s called “State Antiquities Landmark” status of more than 11 properties owned by the city of El Paso in the area between the convention center and Paisano Dr.

A private individual may request such status of land that’s owned by a public entity.

A 12th property Grossman is requesting landmark status for is at 327 Chihuahua St., which is owned by the lone holdout who has refused to sell to the city.

“SAL (State Antiquities Landmark) designation does not mean that sites or buildings cannot be altered or destroyed,” states the Texas Historical Commission on its website. “The land-owning agency must consult with the THC about such proposed actions through the permit process, and the THC will determine whether the work will be allowed.”

The process requires a notification be printed on a newspaper and proof of it be included on the application.

According to the THC, these are the criteria the properties must meet in order to be considered State Antiquities Landmarks (Archaeological sites):

1. The site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information;

2. The site’s archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site;

3. The site possesses unique or rare attributes concerning Texas prehistory and/or history;

4. The study of the site offers the opportunity to test theories and methods of preservation, thereby contributing to new scientific knowledge; and

5. There is a high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to ensure maximum legal protection, or alternatively, further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected.

However, the THC rules also state the committee considering the application will consider “any and all fiscal impact on local political subdivisions” before designating a structure or building a state archeological landmark.

The city and Grossman are tangled in a long — and costly — legal fight over the arena. Grossman wants to stop its construction arguing the area is the site of El Paso’s first neighborhood. The area is mostly vacant after the city purchased a vast majority of properties and relocated residents. The city argues the site is the best because of its proximity to the convention center, the ballpark, San Jacinto Plaza and several hotels.

Capital Improvements Department Director Sam Rodriguez sent ABC-7 the following statement:

“The City has been working with the State and our consultant, Moore Archeological firm, as part of the compliance with the Texas Antiquities Code. The City has been committed to complying with this important statute. Through the process, the City will have an opportunity to contribute to and participate in the review process.

Our state is rich in archeological resources and the State has a step-by-step process which the City will follow, which is very similar with or without the State Archeological Landmark (SAL) designation. The designation of a Landmark simply recognizes that a site has particular historic or scientific merit. All parts of the project area will undergo the necessary series of investigative steps that are required to locate, identify and understand any “landmark-eligible” sites that may be present. Any such sites that are identified will be afforded every consideration available under the Antiquities Code.

We will continue to work with the state and our Archeologist to ensure we comply with the state statute as we continue to develop the Multipurpose Performing Arts and Entertainment Center. There have been multiple studies since 1996 that have identified this area as a mutually beneficial location for the center in a historic context that compliments the downtown fabric. Over the past 20 years, in spite of private and public investment, this area (two blocks) has failed to develop to its full potential. Our goal is to deliver a first-class Multipurpose Performing Arts and Entertainment Center that the community can be proud of, that honors our history, and that sets up El Paso for a prosperous economic future.”