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Home My WebLink AboutPO 5837: MEMORIAL & 32ND STREET BLDG TO TRUTH & EDUCATION CORPORATION ORDINANCE N0. P. O. No. 5837 01/11/08 is AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TRANSFER THE BUILDING AND LOT AT MEMORIAL BOULEVARD AND 32ND STREET TO THE TRUTH & EDUCATION CORPORATION (REQUESTED BY COUNCIMEMBER LEWIS) WHEREAS, Truth & Education Corporation has a license to use agreement with the City pertaining to Room 201 of the City Hall annex for a community radio station; and WHEREAS, this license to use agreement has been extended until January 21, 2013, pursuant to Resolution No. 07-237; and WHEREAS, Truth & Education Corporation has applied for a new frequency, which will expand its broadcasting capabilities; and WHEREAS, Truth & Education Corporation has requested to transfer the location. of the radio.station from Room 201 in the City Hall annex to the 'building located at the corner of 32nd Street and Memorial Highway in'Port Arthur; and WHEREAS, the City presently operates a fire station at the corner of 32na Street and Memorial Boulevard in Port Arthur; and WHEREAS, the City plans to relocate-the fire .station, equipment, and personnel to Highway 73 and 9th Avenue; and WHEREAS, Truth & Education Corporation is a non-profit corporation; and WHEREAS, Truth & Education Corporation has requested to acquire said building as to continue his community radio station, which. includes educational and self-help programs, as described z. po5561 in Exhibit "A"; and WHEREAS, the intent is to provide Truth & Education with. the fire station building at 32nd Street and Memorial Boulevard once the City relocates the fire station to Hwy 73 and 9th Avenue; and WHEREAS, nothing in this Resolution provides Truth & Education Corporation with any right to relocate to the building at 32nd Street and Memorial Boulevard until the fire station has been relocated to the site at Highway 73 and 9th Avenue; and WHEREAS; once the new fire station is built and the equipment, personnel, as well as the major fixtures and generator, are relocated, the City is willing to deed this building to Truth & Education Corporation; and WHEREAS, the Truth & Education Corporation desires to continue the community radio station as to promote educational and self-help programs which includes youth programs, ,which the City Council deems to be in the public interest. NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager and the City Attorney are herein authorized to deed the building and lot at the intersection of Memorial and 32"d Street to Truth & Education Corporation, pursuant to Section 253.011 Local Government Code, in substantially the same form as attached as Exhibit "A". z.po558/ Section 3. That the City finds that the transfer of this property "as is" to Truth & Education Corporation will primarily promote a public service on behalf of the City and of the citizens of the City. Section 4. That the ownership of the property will revert to the City if it is not used for a public purpose. Section 5. That this transaction shall not take place unless and until a new fire station is built and operational. Section 6. That the license to use agreement as to Room 201 of the City Hall annex will terminate once Truth & Education Corporation takes possession and title to the building at 32nd Street and Memorial Boulevard. Section 7. That this Ordinance is further contingent upon completion of the title review as to determine that the City has authorization. to transfer the title to the property to a third party for a use other than a fire station. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayo City Council NOES: z.po558] MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: See Confidential Memo CITY ATTORNEY APPROVED FOR ADMINISTRATION:. CITY MANAGER z.po558/ EXHIBIT "A" SPECIAL WARRANTY DEED Date: Grantor:. City of Port Arthur Grantor's Mailing Address (including County):. P. O. Box 1089 Port Arthur, Jefferson County, Texas, 77641 Grantee: Truth and Education Corporation Grantee's Mailing Address (including County): P. O. Box 703 Port Arthur, Jefferson County, Texas, 77641 CONSIDERATION: Pursuant to Section 253.011 Local Government Code; the ownership of these tracts will automatically revert to the City of Port Arthur if the Truth and Education Corporation fails to use this property for a community radio station as to promote educational and self-help programs, which includes youth programs, which the City Council deems to b"e in the public interest. PROPERTY (including any improvement): Lot , City of Port Arthur, Jefferson County, Texas. (Building located at Memorial and 32nd Street) RESERVATIONS 'FROM AND EBCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of-way, restrictions, covenants, and conditions and all exceptions reservations, and conveyances of minerals and/or royalties, oil and gas and/or mineral leases, affecting the above described property, and to all zoning laws ordinances, rules and regulations of municipal and/or other governmental authorities, but only to extent that same are in force and effect and relate. to the above described property. This conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property though they may be unrecorded. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's Heirs, executors, administrators, successors, or assigns forever. Grantor binds z.truth.education.warranty.deed fire station 1 Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. Grantee acknowledges that Grantor has not made and does not make any representations as to the physical condition of the property, or any other matter affecting or related to the property (other than warranties of title, as provided and limited herein). As a material part of the consideration for this deed, Grantee expressly agrees that to the maximum extent permitted by law, the property is conveyed "as is" and "with all faults", and Grantor expressly disclaims, and Grantee acknowledges and accepts-that Grantor has disclaims, any and all representations, warranties, or guaranties of any kind, oral or written, express or implied (except as to title, as herein provided and limited) concerning the property, including, without limitation, the profitability, suitability, or fitness fOr a particular purpose of the property. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other .assertion with respect to the condition, but is relying on Grantee's examination of the property. By Grantee's acceptance of this deed, Grantee represents that Grantee has made or has had the opportunity to make all inspections of the property to determine-its value and condition deemed necessary or appropriate by Grantee, including, without limitation, inspections for the presence of hazardous materials, as defined by Federal or State law or regulation, wetlands, as defines by Federal or State law or regulation, or any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U. S. Fish and Wildlife Service or by other Federal or State law. z.truth.education.warranty.deed_f ire station 2 SXECD'TED on this the day of GRANTOR A.D., 2008. CITY OF PORT ARTHIIR BY: STEVE FITZGIBBONS CITY MANAGER ACKNOWLEDGEMENT THE STATE OF TEXAS: 5 COIINTY OF JEFFERSON: $ BEFORE ME, TEE IINDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, City Manager of the City of Port Arthur, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN D'NDER MY HAND AND SEAL OF OFFICE, 'this the day of A.D, 2008. NOTARY PIIBLIC, STATE OF TEXAS z.truth.edncation.Warranty.deed_f ire station 3 ACCEPTED AND AGREED TO on this the day of A..D., 2008. • GRANTEE TRUTH AND EDUCATION CORPORATION r BY: STEPHEN MOSELEY EXECUTIVE DIRECTOR ACKNOWLEDGEMENT THE STATE OF TERAS: ~ COUNTY OF JEFFERSON: ~ BEFORE ME, THE IINDERSIGNED Notary Public, on this day personally appeared Stephen Moseley, Executive Director, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Truth and Education Corporation., for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of . A.D. 2008. NOTARY PUBLIC, STATE OF TESAS z.truth.education.warranty.deedfire station 4 APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: CITY SECRETARY AFTER RECORDING, RETIIRN THE DEED T0: City of Port Arthur City Attorney's Office P. O. Box 1089 Port Arthur, TX 77641-1089 z.truth.education.warranty.deed fire. station 5