HomeMy WebLinkAboutPO 5854: TRUTH & EDUCATION CORPORATION - COMMUNITY RADIO STATIONinteroffice.
MEMORANDUM
To: Mayor, City Council, and City Manage~~r^
From: Mark T. Sokolow, City Attorney Y "'"",
Dater March 7, 2008
Subject: P. O. 5854; Council Meeting March il,
2008
Attached is P. O. 5854 authorizing the City-Manager of the
City of Port Arthur to execute a deed. as to approximately one (1)
acre out of Lot 6, Block 7, Range I, to the Truth & Education
Corporation for a Community Radio Station. (Requested by
Councilmember Beard)
The City had previously deeded 1.004 acre to Truth &
Education. Previously, Truth & Education also wanted an
additional 2.406 acres as to expand this project. The
transaction as to the 2.406 acres did not take place and Truth &
Education deeded back the 1.004 acre. The Council needs to
designate the location of the approximately 1 acre new site by
referring to the drawing and also decides as to whether it wishes
to assist in the cost of the extension of the utilities.
Mr. Mosely requested that they have until April 1, 2010 to
construct the facility.
MTS:ts
Attachment
z.po5854 memo
Jefferson County Clerk Internet Copy Jefferson County Clerk Internet Copy
ORDINANCE N0.
P. O. No. 5854
03/07/08 is
AN ORDINANCE AIITHORIZING THE CITY MANAGER OF THE
CITY OF PORT ARTHIIR TO EBECIITE A DEED AS TO
APPROSIMATELY ONE (1) ACRE OIIT OF LOT 6, BLOCK 7,
RANGE I TO TRIITH & EDIICATION CORPORATION FOR A
COMMIINITY RADIO STATION (REQIIESTED BY
COIINCILMEMBER BEARD AND COIINCILMEMBER LEWIS)
WHEREAS, per Ordihance No. 06-98; approved on October
24, 2006, the City Council authorized the deeding of
approximately 1.004 acres adjacent to the Civic Center to
the Truth & Education Corporation for a Community Radio
Station; and
WHEREAS, per Ordinance No. 06-98, the City, by a
Special warranty Deed, deeded the approximately 1.004 acres
of vacant land to Truth & Education Corporation; and
WHEREAS, pursuant to Section 253.011 of the Local
Government Code, the ownership of this tract automatically
reverted back to the City of Port Arthur since the Truth &
Education Corporation did not use this property for a
public purpose, as delineated in Ordinance No. 06-98; and
WHEREAS, on June 22, 2007, Truth & Education
Corporation, by a Special-Warranty Deed, 'deeded the
property back to the City of Port Arthur; and
WHEREAS, Truth & Education Corporation, a nonprofit
corporation, is requesting that the City deed acreage to
z.po5854
the Truth & Education Corporation that is adjacent to the
Civic Center that has not being used by the Civic Center
and that has not been designated as a park and
WHEREAS, Truth & Education Corporation desires to
build a community radio station (The Breeze Radio) thereon,
as described in Exhibit "A", as to promote educational and
self-help programs which includes youth programs, which the
City Council deems to be in the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF
THE CITY OF PORT ARTHIIR:
Section 1. That the facts and opinions in the
preamble are true and correct.
Section 2. That the City Manager at the City's
cost shall order a survey to specifically designate the
metes and bounds of the tract to be conveyed, with the
location to be roughly at
square feet.
with
Section 3. That the City Manager and the City
.Attorney are herein authorized to execute a Special
Warranty Deed, in substantially the same form as attached
hereto as Exhibit "B", with
Truth & Education Corporation, located at
square feet, to
pursuant to Section 253.011 Local Government Code.
z.po5854
Section 4. That the City finds that-the transfer
of this property to Truth & Education Corporation will
primarily promote a public service on behalf of the City_
and of the citizens of the City.
Section 5. That the radio station will be
comprised of at least 3,000 square feet and will be located
on the site by and at the cost of Truth & Education by
April 1, 2010.
Section 6. That the building will be similar in
design and facade to the Civic Center.
Section 7. That except for
Truth & Education will pay for the installation costs and
meters as to extend and connect water & sewer and electric
utilities to the site.
Section 8. That Truth & Education will pay for any
and all taxes and insurance that is on the facility and
maintenance costs as well as water, sewer, electric bills,
and other utilities.
Section 9. .That upon occupancy of the building at
the new site, adjacent to the Civic Center, Truth &
Education will move its radio equipment from its',City Hall
Annex and vacate the premises.
~.po5854
Section 10. That the ownership of the property will
revert to the City if it is not used for a public purpose
and, as denoted in Exhibit "A"
Section 11. That Truth & Education Corporation
shall sign this Ordinance agreeing to the terms hereof, the
Special Warranty Deed, as described in .Exhibit "B" and the
Deed of Trust, as described in Exhibit "C"
Section 12. That the City encourages local
industries; businesses and citizens to work with Truth &
Education Corporation to develop this tract for a Community
Radio Station and to facilitate the area as an Arts
District per Resolution No. so that the possibility for the
expansion can be considered
Section 13. That .a copy of the caption of this
Ordinance be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council
of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
City '
NOES:
MAYOR
2.po5854 t
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
TRIITB & EDIICATION CORPORATION
BY:
Stephen Mosely, Executive Director
z.po5854
EXHIBIT "A"
TRUTH & EDUCATION
CORPORATION
(T. & E.}
' KOOL RADIO
• "KSAP--107.1 LPFM"
Stephen A. Mosley
P.O. Box 703 '
Port Arthur, Texas 77b41
January 1, 2004
DEFARTMENT OF THE TREASURY
TRUTH &EDUCATION CORPORATION
CkeuElnc
Stephen A. Mosely
Executive Director
P.O. eox 703 409-626-6186 pager
port Arthur, TX 77640 409-960-8233 Celi
Based on information .we submitted to the IRS stated in our
application for recognition of exemption, we have been determined
to be exempt from federal income tax under section 501- (a} of the
Internal Revenue Code as an organization described in section 501
(c) (3).
Accordingly, during our advance-ruling period we will be treated
as a publicly supported organization, and not as a private
foundation.. After being established as a publicly supported
organization, we will then be classified as a section 509 (a) (1) or
509 (a) (2) organization as long as we continue.to meet the
requirements of the applicable support test.
Grantors and contributors may rely on our determination that we
are not a private foundation unti190 days after the end of our
advance-ruling period (September 30, 2005).
PURPOSE
TRUTH &BDUCATION CORPORATION
Ct~eatlnc
Stephen A. Mosely
Executlve Dircctw
P.O. box 703 409-626-6186 pager
Port Arthur, TX 77640 409-96U-8233 Cell
The purposes for which the Corporation is organized and the areas
in which its programs and projects will be expressed are as
follows:
A. To provide charitable assistance to the needy.
B. To engage in activities necessary to promote self-help
programs for needy citizens.
C. To implement education programs.
D. To engage in other charitable and educational; tax-exempt
activities.
E. The Corporation shalt operate in the entire community of
Port Arthur, Texas and other-areas within the Triplex azea
(Port Arthur, Beaumont and Orange, Texas).
PROJECT
TRUTH &EDUCATIONCORPORATION
~teaftnc
staphan A. Mosaey
Executlva Director
P.O. Box 703 409-626-6186 pager
Port Arthur, TX 77640 409-96Q-8233 Celt
Under the capable leadership of our executive director, Stephen A.
Mosley, diligently engineered Truth & Education Corporation
through a maze of obstacles and pit-falls to triumphantly and'
successfully acquired the first LPFM radio station in Southeast,
Texas.
Mr. Mosley's efforts were so outstanding, that,. the National
Federation of Community Broadcasters in Oakland, California
wrote an article (enclosed- "Spotlight on LPFM' that appeared
worldwide on the Internet about Mr. Mosley's trials and his
unselfish fortitude, which ultimately resulted in his successful
acquisition in receiving our Construction Permit to build and
operate our new radio station FOOL RADIO - &SfiP 107.1
LPFM in Port Arthur, Texas.
As stated in the purpose for establishing Truth & Education
Corporation, we will engage in activities necessary to promote
self-help programs and educational programs. We have begun talks
with the Port Arthur Independent School District to help develop a
classroom curriculum that will teach students all areas of the radio
broadcast industry. Thereafter, the students will become exposed to
the reality oflive-talk radio by training hands-on in the studio.
While using modern equipment and state-of--the-art technology,
students will become familiar with job shadowing in the areas of
sales, marketing, production management, program director, radio
engineering, station ownership and many other responsibilities
associated with operating a radio station. When these students
complete this training program they will be able to walk into any .
radio station in the world and be successful.
Project
2.
~cvTrvESU~xY
KOOL RADIO 107.1 LPFM
KOOL RADIO is a minority owned and operated broadcasting company.
Licensed as a non-profit non-commercial community service radio station
(with an approximau lOmi. radius), will fill a variety of voids while
maintaining a professional level of programming. With our large ethnically
diverse listening audience, KOOL RADIO will provide our listeners with a
format that will satisfy almost any audience's listening pleasure. Our initial
programming includes Gospel, Jazz, live-talk; news, weather, sports and
feeds from local and national NPR afEliated stations.
Careful analysis of the potential market shows. an unfilled demand for this
unique bland of entertainment. Mr. Kermitt Morrison Jr, and Mr. Stephen A.
Mosley's local reputations will help secure a portion of the listener's trust,
while the experienced an-air staff and management team assures that the
entire operation will be carefully controlled.
Mr. Mosley's past experience as an Executive Ilirector of a well-known
non-profit organization and current managerlowner of his investment
company (West Star Investments) will provide adequate control over the
projected growth of KOOL RADIO. Additionally, Mr. Morrisan's advice
and experience as a Practicing judge and attorney will be available if
required.
Stephen A. Mosley is seeking $250,000 for~the construction of a new office
building {studio), land, equipment and initial operating capital. The funds
sought will be used to accomplish the projections shown on the Balance
Sheet.
DESCRIPTION OF THE B USINESS
KOOL RADIO 107.1 LPFM
KOOL RADIO will specialize in listener radio satisfaction through member
supported contributions and foundation grants for the promotion of music
and educational content (Grade school; College, Political coacems and
various ``live-talk "programming). We will attract a mature audience that
will not only be loyal to our format but also has a high spendable income
and looking to purchase the various products and services with our member
supported merchants. Hence, KOOL RADIO has created an ideal
environment in which to place member supported messages.
2
P.0. Box 703 409-g60-8733 Cetl
Port Arthur, TX 77600
To Whom It May Concern,
Truth & Education Corporation is a non-profit tax-exempt corporation designed to
promote educational-and self-help. programs for needy citizens of our community.
Qn Dxembcr 18, 2003, we received our Construction Perm[t from the FCC to build
and operate our own radio station "ROOL RADCO - KSAP 107.7 LPFM" in Port Arthur,
Texas. According to FCC rules, we have I8 months to build the station or the FCC will
terminate the license by May 18, 2005.
Our goal is to raise 2S 50,000 for land, tho consnuctian of a new of5ce building,
equipment and initial operating capital. A summary plan of the project is enclosed for
your examinavon. We are aggressively seeking financial support from friends, industry,
business partners and concerned individuals like You to help us open the door of
opportunity for many of our hurting youth who need our help.
We know that music is a language that crosses all boundaries and is a method of
corrununication that can not only heal a hurting soul, but also can encour-age and
enlighten a downtrodden spirit. Our executive director, Stephen A. Mosley, waz so
excited about this project he haz initiated a doUar~for-dollar fund drive ehallenee
wherein, every dollar he is able to raise we challenge our supporters to match tt with a
dollar. However, if your contribution is very substantial. Mr- Mosley has agreed to
sacrifice his aging body to walk, jog or ride a bike to receive it-
If we are successful with this fund-raiser, we will be able to assist those i ldividuals with
real world hands-on training in the radio -broadcasting field. After comp ng
classroom curriculum based program, the students will then experience the excitement of
radio in a studio setting. While using modem equipment and state-0f-the-art technology,
students will job shadow in the areas of engineering, management, sales, advertising,
marketing and other important responsibilities required to operate a successful radio
station. When they wmplete this training program, they will be able to walk into any
radio station in the world and be successful.
1 of 2
S ti ~~Y
nUKUOr
We are looking forward to your participation and the youth will immediately benefit from
your investment. What better way to assist their career goals than in a field they adore
sometimes more.than food-RADIO!
P.S. Upon request, additional back~ound, organizational and business plan information
will be made available to you in a timely manner.
Sincerely,
St hen A. Mosl~ Gy~
Executive Director
2 of 2
TRUTEi &EDUCAT[ON CORPORATION
CaeaEUg F}ppa+f~~tus
MISSION STATEMENT
DEPENDING UPON YOUR DESIRE TO
SUCCEED, WILL ULTIMATELY DETERMINE
YOUR LEVEL OF SUCCESS!
Produced and Dub7lGhed by
The National Federation
of Community Broadcasters
.:::7l::
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..::....
'::::•.
NFCB~
Edited 6Y Dera 6robev
With a Forevrord 6y 6LpyL 6ersoa
Supported 6y the Ye~fh Idllafirrt PLe¢ae of the Opea sod~hlesfrluh
;.
a guide to ,youth radio programs in the' united states
and hints far starting your awn
1st a Tkousand Ydces Spook ~~
A Guide to Youth in Radio Programs in the United States Sul ~
Forsword by Glnny Z. Berson
oasider the world of teerugcrs in the United States is 2001. Teens arc talked abou4
Csasdiod, marketed t0. worried over, and blamed for almost everything: They arc
. usually asked fir their thoughts only m times of
• crisis. such u high school shootings, or when
, " I rhea is money to be madc frmn Utem. each as in
~" ~ t wnsurtta fawn groups for new produce.
i' ~ ~ "~ ; ~`` We know what adults think abort tceas end
friendsls~, race, music,
violrncs
a` drugs
aex
,
,
.
~
-. . o We knaW
d
ch
. SChaal, Inve, EtC. 13nt how mu
'~
~
T
.~
~' Who; tceos think abant ibC3e """6J~
-..
'~• ~ ~ %
,! If we paY attention, we can Iearn a lot And
.. , ~ ~ through ndio, we can do turn more.
-~'~ A vtlrrmt mavcmeat u ursderwry to glut yotmg
' people unmediated access to the airwsva. As of
Chia writing, Chess erc mesa than 50 programs-
, • working with high achoo[-aged youth and training
th® to the eK and tcchaique otprod<scmg radio.
Most of t}ie youth radio prognma~arc eooneaed
in some way to the local rAnununhy or public
j~j~//77~'''' . ndia nation. Some of the youthprojcce as
Bang mare than ptoGrcing programer and etc
7y~ ectivety involved in sIl rtetian operations. Mort
t€ _ ors 6ruadcastirrg. Others sa Wehrantiag. Some
des both. Several projece arc producing programs for coamsetsial as weB u public radio
smtiom.
7fiis work is of tremendous impormna m the yaun8 People who sa involved to the
adults who work with than, m the wilrmumnes io which they Gve and ere growing up,
and to she IsReoers of pubfie sad commuairy radio.
' As you reed the mission aetemaus and goals in the pages tFat fallow, you will find
phrases like "empowermatt duoughdiroct media axes."'media literary," "cheping
their orvo era," "cuhtaal pruavation."'providing n realistic rctlection of youth end
then own issue;" "uPPorm°ities (err Iwdership," and "bringing a youth audience and
youth perspective m public radio."
Given fiat youth iovotvemeat is radio iz valued for so many diHeam reasons, the
movement is wntinuing m grow rapidly.
The National Federation of Community Broadcasters (NFCB) luodueu as
1 Aaaoal Camm®ty Radio Cooferena, and as the '90e wom on, mesa and more
• ~ young radio prodresrs alerted anrnding. ARa the 1948 C,oafereace somo of the fo0ca err
Youth Rollo m Baicalry aoggated that we produce a conference just for yomtg
pcopk. Ice Masch 1494, whh the crucial assistance otYOUth ttodo, NK8 orgaoired
and produced a t7mhaing ajYaera um Public Radio. We bcougtLL together tpptosimatcly
- 40 high school atudeats and 13 aduh Project kadaa far allay of slilLs-training '
workshops cod intmmatioa sharing m Sen Pntreiseo hs tafijuaUfoawlth the -
- Camrauoity Radio Coafttrmce. People unne from as faraway as Matae cod as close u
Bedrslry. And vrhea it rvu ova, evayorre-Cho amdanta, ndulm. aanterrncn
Notional fedarotion o! participane, and she Nf{B aeR'~gfsed on one thitsg: We all knew we audcd more:
Ccmmunb Broodmstara si
Case Sttidtes
This pioneering youth
development program
has won fame for
bringing its youth
commentaries and
feotures to local.
stotions, National Public
Rodin, and thti Web.
Many other youth
programs have gotten
ideas and inspiration
{tom this oward-winning
organizotion.
Nmfonol Federotion of
Community Broadcmteri
Let a ~ousand Voices Speak
A Guide to Youth in Radio Programs in the United States
Indepeedenf Youth Producers
Youth Radio
Berkeley,
California
wnat wa o0
YOUTH RADIO studenu learn the basics of
brozdcasting through hdnds-on raining,
working relationships with industry
professionals, and the production of flward-
winrdng grog: emming. In the process, the
young people arc exposed to a broad spcotrum of media-relatod oareers. But teetweat
ttaining is only part of the picrurc. Through their journalism education, Youth Radio
studrnts also srcngthen their foundation in basic "life skills": verbal expression,
writing, computer technology, cntiwl thinking, conflict resolution, end more.
The program has ope2ted 10 yeas as Youth Radio; 10 years bdore that as Youth News
Minion
Youth Radio promote young people's intcllec[ual, creative and professional growth
through access to media. '
Goals for the Program
To bring youth perspectives to the media.
• To use the media m 6rcalc Larrias ~scd on vrcorrre, edudcity, and garde
• To encortrage the use of media to engage young people in positive activity.
• To providt: skills that Iced to a wider world of opportunity, education, and personal
development.
• To empowa youth to create a betty communiry and a better world for their pens and
all generations, through Ghe model of peer teaching in conjunctioa with caring adults.
• To provide a model for media eutku, acting as a catalyst to link them with young
people on the local end national levels.
• To train the nest generation of "media wntent providers;' se that media pmduurs
rcRec1 the great diversity of the cortununities and audiences dray serve.
Goals for the Students
• To ezpcrience the power and excitement of the media.
• To gain medi4 torrfmunicadons, critical thinking, and personal
devclopmenNeaderahip skills. ....
• To improve opportunities erd widen horizons. of cars, and adults who make a long-
s To have a safe place to be with a diverst group P
term cotmnitment to you.
• To pursue a path of higher education and lifelong learning.
• To experience work exposure end job imiaing~ •
-"--"- Let a Thousand Voices Speak
` 8 A Guide to Youth in Radio Programs in the United States
L__--- ~ .
Lose Studies Independent Youth Producers
Programming
YOU9h Radio noncommcrciel stations, and on the Wch.
Berkeley, ta[ifornia Our programs air on commercial stations,
This programming ranges from one-minute commemaries to two-hour music pragrerns,
with feaNres, talk shows, and one-hour spaials in bcM~an. Youth Radio's
programming airs on a number of local, «gional and national networks, including
National Public Radio (NPR) programs. (Sec box.)
YOIfiH RADIO'S PROORAhtMtNG AIRS ON THE fdlOWtNG OUTLETS:
. KPFSFM, 8erlmkY ltss'Gays.
4U0-1i0] p.rr., erd Friia~S.
7M-890 pn'.
• NPR'e Mortltrq fiStlan tsld Ace
Th(rtps Conalderd: an
nverape m Iwo repods andlor
comrrcentades per month.
• Markefpbn: tin evernpo of
one report ar corrimenlary
per month.
• Lenno USA: Several reports
antl rortsnaraaries per Year.
• Public Radio Intematlonal
(P RI)'. OUarteny national
ram, Radio epadats.
• KO£D•FM, San Frarrclsco:
Commentary every twee
weeks h nnmbtg drWe, antl
a haltlpur pubOc e9alrs
pCOprem one Sunday e
month. whbh also airs on
KCRW In Loa Angeles on en
peeaslena baaia.
'~~bvrf~vJ~^~'
N FI=B
•KCBS.aM, San Fnndsco
(ecnc+tslcamraerdal station):
commentary aced three Ames
each BuMay.
• Tss.7~PS4 S.an Frandsco (ma}T
yotaNxmnteldel trwsk
station): hel(~aur yolnh talk
6hOM Bich lwnddY.
. Ydctu BahhM Bars'
produced by Incarce2led
youth, o en ongdnp aWb
feature on our Wab sae.
In eddabn, Youm Reoio '
wmenty broadcasts wmme+r-
Iaries and features an KPFA-
FM, Berkeby, and an
Paclflu's nafbnel notwark. It
produces local yawl
mmmentades Usaf iir on
WAGE hAllanta; WBGO In
Newark WBUR In Boston: and
WGBH h Boston. A
partnership re devebDkq with
I
linter h Watt*tp~, D.C.. and
WAMU. Vouch Radb has also
conlribNed b fie loom Led
Cmpa'N. Sasvy Traveler.
and re0ionel txoadmsts on
AlaWma Public Ratlio;
GINom1a Public R>Nllc, and
Ifere end Nev. h New
E~cland.
Youlfi Radio has a malwy
column h tlta San Frarldav _
CAronlde end Is ocrasbna!IY
leaturetl an WB2a..
Youth Radla'YOUdi In Control
IS Drovklsg oo'axa JOr CIB
dredest po%~a Grose-sedlon
of Web a+dets. Currency. new
rrleCia prate^taeons can be
fount on www.ycuttvadb.ag,
wwn.ya+aunconlroLO'D.and
oaselaneM on NPA online.
PuMCaai"at'iM, mm+n, t.85
Neelthwatd/rtredscepi.can,
and aCMLCpm.
Youth Radio has wen
mor< than two dour
awards for
programming,
including the Radio-
Tclcvisien News
Directors Associaoon's
(RTNDA) prestigious
Edward R. Murtow
Awtrd (June 2001) for
- the five-part news
series Making the
Grade, which
examined isszez
affx[ing students in
America's classrooms.
In choosing students to
work on particulaz
assignments, we try to
match studrnrs to their
interests and abilities
Youth Radlc et ale 4t n snd also cncot¢agc
than to try things that
they're no[ sure about. the students ue involved in the editorial and production process,
with adult ptoduan, from the beginning.
A single commentary could be Nm<d around in a few hours. Other longer•form
programming ukcs anywhere from t week to several months.
Under the guidance of rained par teachers, students work on ihetr own, wuh adults
availabk to troubleshoot and give feedback. At the end of every broadcast, the youth
conduct a critique, end the adult professionals participatt.
:_-;«.... a ,~-,: Internet
nr Our students uwte and mainUin
® ~ the sitc wwsY.yovthmdio.org-
undathe guidance of t
professional Wrb producer. This is part of their trairdng. Features and comtncnterics arc
available on demand. Real-time audio slreamingwill be starting soon Webcasting is
pan of the euaiculum.
EXY-I I B I T "B"
SPECIAL WARRANTY DEED
Date:
Grantor: City of Port Arthur
Grantor's Mailing Address (including County):
P. O. Box 1089
Port Arthur, Jefferson County, Texas, 77641-1089
Grantee: Truth & Education Corporation
Grantee's Mailing Address (including County):
P. O. Box 703
Port Arthur, Texas 77641
Jefferson County
CONSIDERATION:
Pursuant to Section 253.011 Local Government Code, the ownership
of the tract, as denoted in Exhibit "A", and any improvements
thereon,. will automatically revert to the City of Port Arthur if
Truth & Education Corporation fails to use this property,
described in Exhibit "A", primarily for a public purpose as a
community radio station, and as more fully described in Ordinance
No. 08- .
PROPERTY (including any improvement):
The vacant land (approximately one (1) acres) located adjacent to
the Civic Center, Port Arthur, Jefferson County, Texas, as .more
fully described in Exhibit "A", attached hereto.
RESERVATIONS FROM AND EXCEPTIONS 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, visible or recorded
in the Deed Records of Jefferson County, Texas, affecting the
above described property, and to all zoning laws ordinances,
rules and regulations of municipal and/or other governmental
authorities, but only to the 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
z.snecial warranty deed_trvth s education_2 GG8
unrecorded.
This conveyance is made expressly subject to utility, waterline,
sewer line, drainage, and other infrastructure as needed for the
adjacent City Civic Center complex and library, as well as for
adjacent needs of the community.
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
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.
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 assighs forever. Grantor binds
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.
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,
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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.
EXECUTED on this the day of
GRANTOR:
A.D., 2008.
CITY OF PORT ARTHUR
BY: STEVE FITZGIBBONS
CITY MANAGER
ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
COUNTY OF JEFFERSON: ~
BEFORE ME, THE UNDERSIGNED 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 UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D, 2008.
NOTARY PUBLIC, STATE OF TEXAS
z.spedal warranty deed_c ruth a education_20oe
APPROVED TO AS TO FORM:
CITY ATTORNEY
Return to Grantor:
City of Port Arthur
Legal Department
P. O. Box 1089
Port Arthur, TX 77641-1089
THE TERMS OF THE SPECIAL WARRANTY DEED AND REVERTER CLAUSE ARE
HEREIN AGREED TO. ,
EXECUTED ON THIS THE day of 2008.
GRANTEE:.
TRUTH & EDUCATION CORPORATION
BY:
Stephen Mosely
Executive Director
ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
COUNTY OF JEFFERSON: §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Stephen Mosely, Executive Director of the Truth &
Education Corporation, 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 Truth &
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 TEXAS
z.special warranty deed truth & educa~i on_2008
EXHIBIT "C"
DEED OF TRUST
Date:
Grantor
TROTR & EDIICATION CORPORATION
Grantor's Mailing Address
(including county)
Trustee:
Trustee's Mailing Address
(including county):
Beneficiary:
Beneficiary's Mailing Address
(including county):
P. O. Box 703
Port Arthur, Texas 77641
(Jefferson County)
STEPHEN FITZGIBBONS
CITY MANAGER, CITY. OF PORT ARTHUR
CITY OF PORT ARTHIIR
444 4"' Street
Port Arthur, TX 77640
(Jefferson County)
CITY OF PORT ARTHUR
444 4"' Street
Port Arthur, TX 77640
(Jefferson County)
Property (including any improvements):
Approximately square feet out of Lot 6, Block 7, Range
I, as denoted in Exhibit "A".
Prior Lien(s) (including recording information): None
Other Exceptions to Conveyance and Warranty:
This conveyance is made expressly SUBJECT TO any and all restrictions,
covenants, conditions, easements, rights-of-way, and .mineral and/or
royalty reservations of record, if any, affecting this Property.
For value received and to secure his obligations under Ordinance No. 08-
Grantor conveys the property to Trustee in trust. Grantor
warrants and agrees to defend the title to the property.
Grantor's Obligations
Grantor agrees to,:
i. keep the property in good repair and condition;
2. pay all taxes-and assessmentson the property when due and by
January 31 ~ of the year immediately following, furnish
Beneficiary copies of tax receipts showing that all such
taxes and assessments have been paid;
3, preserve the lien's priority as it is established in this
deed of trust;
4. maintain,~in a form acceptable to~Beneficiary, an insurance
policy that:
z.truth & education deed of trust_2o08
a. covers all improvements for their full insurable value
as determined when the r°ovesy as smaller anamount wedn
unless Beneficiary aPP
writing;
b, contains an 80% coinsurance clause or such other amount
as approved by the City; including
c. provides fire and extended coverage,
windstorm coverage;
d, protects Beneficiary;
e. provides flood insurance at any time the property is in
a flood hazard area; and
f, contains such other coverage as Beneficiary may
reasonably require;
5, comply _at all times with the requirements of the 80%
coinsurance clause or such other amount approved by the City;
6. deliver the insurance policy or certificates of atsleasteten
Beneficiary and deliver renewals to Beneficiary
(10) days before expiration; -
7, keep any buildings occupied as required by the insurance
policy; roval;
g, submit building plans to the City for app
9. construct a community radio station of at least 3,000 square
feet, by April 1, 2010 on the tract or such other date,
including delays as approved by City-Council, and continue to
operate a community radio station, as denoted in Ordinance
No. 08- and
10. The building will be similar in design .and facade to the
Civic Center.
Beneficiary's Rights
1. Beneficiary may aPPoint in writing a substitute or successor
trustee, succeeding to all rights and responsibilities of
Trustee. of Grantor's obligations,
2. If Grantor fails to perform any
Beneficiary may perform those obligations and be reimbursed
by Grantor on demand at the place, including att arneerits feThe
plus interest on those sums.„from the dates of p Ym
sum to be reimbursed shall be secuof GbYantoYSSdobligationstor
3. If Grantor fails to perform any
fails to construct a community radio station of at least
2,000 square feet by April 1, 2010 or such other date,
including delays as approved by City Council on the
approximately 1 acre tract, and continue to operate a
community radio station, as denoted in Ordinance No. i~es
and the default continues after Beneficiary g
Grantor notice of the default and the time within wwritten
must be cured, as may be required by law or by
agreement, then Beneficiary may:
a. request. Trustee to foreclose this lien, in which case
Beneficiary or Beneficiary's agent shall give notice of
z
z.truth E education deed of trust
the foreclosure sale as provided by the Texas Property
' Code as then amended;
b. purchase the property at any foreclosure sale by
offering the highest bid and then have the bid credited
on the note; or
c. request Trustee to execute a Trustee's Deed of the land
and improvements to the City of Port Arthur.
Trustee's Duties
If requested by Beneficiary to foreclose this .lien due- to a
default, Trustee shall:-
1. either personally or by agent give notice of the foreclosure
sale as required by the Texas Property Code as then amended;
2. sell and convey all or part of the property to the highest
bidder -for cash with a general warranty binding Grantor,
subject to prior liens and to other exceptions to conveyance
and warranty; and
3. from the proceeds of the sale, pay, in this order:
- a.' expenses of foreclosure, at the City's option;
b. to Beneficiary, the full amount of principal, interest,
attorney's fees, and other charges due and unpaid;
c. any amounts required by law to be paid before payment
to Grantor;
d. to Grantor, any balance; or
4. execute a trustee's deed of the'land and improvements to the
City of Port Arthur.
General Provisions:
I. If any of the property is sold under this deed of trust,
Grantor shall immediately surrender possession to the
purchaser or to the City of Port Arthur. If Grantor fails to
do so, Grantor shall become a tenant at sufferance of the
purchaser or of the City of Port Arthur, subject to an action
for forcible detainer.
2. Recitals in any Truste_e's deed conveying the property will. be
- .presumed to be true.
3. Proceeding under this deed of trust, filing suit for
foreclosure, or pursuing any other .remedy will not constitute
an election of remedies.
4. Grantor assigns to Beneficiary all sums payable to or
received by Grantor from condemnation of all or part of the
property, from private sale in lieu of condemnation, and from
damages caused by public works or construction on or near the
property. After deducting any expenses incurred, including
attorney's fees, Beneficiary may release any remaining sums
to Grantor or apply such sums to reduce the note. Beneficiary
shall not be liable for failure to collect or to exercise
diligence in collecting any such sums.
5. Grantor cannot assign or deed this property as described in
Exhibit "A" to a third party without the consent of the City
3
z.truth ~ education deed of trust
.. >
of Port Arthur.
6. When the context requires, singular nouns and pronouns
include the plural.
7. This deed of trust shall bind, inure to the benefit of, and
be exercised by successors in interest of all parties.
GRANTOR:
TRIITH &.SDIICATION CORPORATION
By:
Stephen Mosely
Its:Executive Director
THE STATE OF TEXAS: §
COIINTY OF JEFFERSON: - §
BEFORE ME, THE IINDERSIGNED Notary~Public, on this day personally
appeared Stephen Mosely, Truth & Education Corporation, 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 Truth & Education Corporation, for the purposes and considerations
therein expressed, and the capacities therein stated.
GIVEN IINDER MY HAND AND SEAL OF OFFICE, this the day of
A.D, 2008.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED TO AS TO FORM:
CITY ATTORNEY
RETIIRN TO:
City of Port Arthur
Legal Department
P. O. Box 1089
-Port Arthur, TX 77641-1089
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z.truth & education deed of trust