HomeMy WebLinkAboutPO 5837: 32ND ST. & MEMORIAL - TRANSFER BLDG. TO TRUTH & EDUCATION CORP.interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager,
From: Mark T. Sokolow, City Attorney /~J'~_''/(~
Date: March 20, 2008
Subject: P. O. No. 5837 - March 25,' 2008 Council Meeting
Attached is P. O. No. 5837 authorizing the City Manager and
the City Attorney to transfer the building and lot at Memorial
Boulevard and 32°d Street to the Truth,& Education Corporation.
This was tabled at the March il, 2008 Council Meeting.
(Requested by Mayor .Pro Tem Sinegal and Councilmember Lewis).
This transaction, is contingent upon the City relocating the
existing Fire Station.
MTS:ts
Attachment
cc: Fire Chief Richard
Louise Wismer, Right-of-Way Specialist
z.po5837.memo3
P. O. No. 5837
03/20/08 updated gt
ORDINANCE NO.
AN ORDINANCE AIITHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TRANSFER THE BIIILDING AND LOT
AT MEMORIAL BOIILEVARD AND 32ND STREET TO THE
TRIITH & EDIICATION CORPORATION (REQIIESTED BY
MAYOR PRO TEM SINEGAL AND COIINCILMEMBER 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 32"a
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 9"' 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,
z.po558'1_updated
which includes educational and self-help programs, as described
in Exhibit "A"; and
WHEREAS, the intent is to provide Truth & Education with the
fire station building at 32n° Street and Memorial Boulevard once
the City relocates the fire station tb Hwy 73 and.9"' Avenue; and
WHEREAS, nothing in this Resolution provides Truth &
Education Corporation with any right to relocate to the building
at 32°d Street and Memdrial Boulevard until the fire station has
been relocated to the site at Highway 73 and 9"' 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
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 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,"B".
z.po5587_updated
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 bf 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
the City receiving title per Resolution 08-098.
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: Mayor
City Council
NOES:
z.posse7_updated
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
~~' " v "'~
CITY ATTORNEY
APPROVED~FOR ADMINISTRATION:
CITY MANAGER `
z.po558~_updated
EXHIBIT ~~A"
TRUTH & EDUCATION
CORPORATION
(T, c~ E.}
KOOL RADIO
"KSAP-107.1 LPFM"
Stephen A. Mosley
P.O. Boy 703
Port Arthur, Texas 77b41
January 1, 2004
DEPARTMENT OF THE TREASURY
TRUTH &. EDUCATION CORPORATION
C~eattng OppotcfunitCes
Stephen A. Mosa[y
Executtve Director
P.O. eox 703 409-626-6186 pager
Port Arthur, TX 77640 ~ 409-960-8233 Cell
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 SOI
(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 ~;~e
are not a private foundation until 90 days after the end of our
advznce-r-uline period (Septembe.r 30, 2005).
PURPOSE
TRUTH &EDUCATION CORPORATION
Cxeati.~g OppaKtuntttes
Stephen A- Mosely
Executlve OireRor
P.O. box 703 409-626-6186 pager
Port Arthur, TX 77640 409-960-8233 Cell
The purposes for which the Corporation is organized and the areas
in which its programs and projects will be expressed are as
follo~i~s:
,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 shall operate in the entire communit} of
Port Arthur, Texas and other areas within the Triplex area
(Port Arthur, Beaumont and Orange, Texas).
PROJECT
TRUTH & EDUCATION CORPORATION
Gteattnc
stQpl,~ a l~~ty
Executive Director
P.O. box 703 409-62b-6186 pager
Port Arthur, ix 77640 4D9-96Q-SZ33 Cell
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 t}ie 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 Ivlr. 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 %OOL R4DI0 -~&S`~fP I07.1
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 tall,
with the Port Arthur Independent School District to help develop a
classroom curriculum that wilt teach students alt azeas of the radio
broadcast industry. Thereafter, the students wllbecome exposed to
the ieality of live-talk radio by training hands~n in the studio.
White using modern. equipment and state-of-thc-art technology,
students will become familiar with jab 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.
F,X~CU77VE SUMMARY
KOOL RADIO 107.1 LPFM
KOOL RADIO is a minority owned and operated broadcasting company.
Licensed as a non-profit non-comnrePcial community service radio station
(with an approximate 1(Jmi, 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 affiliated stations.
Carefiil analysis of the potential market shows an unfilled demand for this
unique brand of entertairunent. 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 on-air staff and management team assures that the
entire operation will be carefully controIled.
Mr. Mosloy's past experience as an Executive I?irector of awell-known
non-profit organization and current manager/oR~ner of his investment
company (West Star Investments) willprovide adequate control over the
projected growth of KOOL RADIO. Additionally, Mr. Morrison'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 capitzl. The funds ,
sought will be used to accomplish the projections shown on the Balance
Sheet. ~ .
DESCRIPTION OF TH"E B USINESS
KOOL RADIO 107.1 LPFM
KOOL RADIO will speciali2e in listener radio satisfaction through member
supported contributions and foundation grants for the promotion of music
and educational content (Grade school, College, Political concerns and
various "live-talk "programming). We will attract a mature audience that
will not only be loyal to our format but also has s high spendable income
and looking to.purchase the various products and seivices with our member
supported merchants. Hence, KOOL RADIO has created an ideal
environment in which to place member supported messages.
,~
v.0. Boa 703 -409.96t}8233 Cell
Pat Artha, TX 77650
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:
On December 18, 2003, we received our ConstruetiaD Permtt from the-FCC to build.
and operate our own radio station "IiOOL R4D1O -KSAP 107.1 LPFltI" in Port Arthur,
Texas. According to FCC rules, we have 18 months to build the station or the FCC will
terminate the license by h:a}' 18, 2005.
Our goal is to raise 5250.1}00 for land; the construction of a new office building,
equipment and initial operating capital. A summary plan of the project is enclosed for
your examination. ~'~'c arc aggressively seeking fwancial support from friends, indust-.y,
business partners and concerned individuals like you to help us open the door of
opportunity for man}' of our h~,uting youth who need cur help.
We know that music is a lane~aage that crosses al] boundaries and is a method of
communication chat can not only heal a hurting soul, but also can encout2ge and
enlighten a downtrodden spirit. Our executive director, Stephen A. Mosley, was so
excited about this project he ties initiated a dallar~(ar-dn[!ar fund drive cha(len~e
wherein, every dollar be is able to raise we challenge our suppoRers to match tt wlth a
dollar. However, if your contribution is very substantial, Mr. Mosley has agreed to
sacrifice his aging body to walls, jog or rde a bike to re: eive it
If we arc successful with this fund-raise, we will be able to azsist those individuals with „
eel world hands-on training in the radio -broadcasting field: After completing a
classroom curriculum based.program, the students will then experience the excitement of
radio in a studio setting. While using modem equipment and state-of•the-art IechnologY,
studen~ will job shadow in the areas of engineering, management, sales, advertising,
msrkerng and otlra important responsibilities required to operate a successful radio
station. 1`.'hea they complete this training program, they will be able to walk into any ,
radio station in the world and be successful.
1 of 2
SMptMn A Mos~ry
faawL'K Dlrecmr
W e are looking forward to your participation and the youth will immediately benefit from
your investment. What bcttcr way to assist their career goals than in a ficid they adore
sometimes more.thzn food -RADIO!
P.S. Upon request, additional background, organizational and business plan information
will be made available to you in a timely manner.
Sincerely,
s~~~/~~'
v St phen A. Mosley
Executive Director
2oC 2
"[AUT[i &EDUGTION CORPORAT[O[`
CunEtag OppodunQles
MISSION STATEMENT
DEPENDING UPON YOUR DES-RE TO
SUCCEED, WILL ULTIMATELY DETERMINE
YOUR LEVEL OF SUCCESS! `
Produced end Dub7lshod by
The National Federation
of Community Broadcasters
_1:;~~~w
::~
NFCB
Edited by Dow 6ra5ar
nth a Foreword by 6(apyL 6ersaa
Supported by the Tootft Irftlatires Prayrae of the Opmt Sodtry lastitafe
a guide to youth radio programs in the unltea saar.v~
and hints for starting your own
Let a Thousand Voices Speak ~
A Guide to Youth in Radio Programs in tl1e United States
foreword by 61nny Z. 6~rson
o¢sidcr the world of ttenagers in de United States ir. 2001. Tcetu are talktd tbouC
CstudicQ rnukned to, roomed over, and blamed for slmwt evrzything. Thry ate
• usually asked far their thoughts ordy in lima of
aisis, such u high school shootings, or whrn
+ y ~ Chat is rnoncy to be made from than, such u in
+~+ ~~ ' ~ f constmtcr foots groups fa ¢ew producd.
~' ~ ~", ~~~`` We know what adults think about tcc¢s end
, .~ r` drugs, sac, vialrnee, friendship, tact, music.
~~•///~~~"'' < ~r~ ~ school, lout, etc. Hut how much do we know
¢, vY~/' whet ta¢z think abort that thi¢gs?
is + ~
' A If vs pay nttcafioq we can Item n for And
.+ ~ ~ a th:oagh ndio, we can der turn more.
+'~ A vbrant movcmcat is tuidcrvny to give young
' poople unmcdinrcd eccrss to the airunvca. Aa of
this asi[ing, that arc morn rhea 50 ptogramt~
<, w.orting with hid school-aged youth and raining
+ I th® in the art end tcctsiquc oCproducmg radio.
~' ~I ~~ hfost of the youth redid p:ogntrs-e[s woaeacd
~` ~ ~] is feint wav fo the local ramrnvnity a public.
a + radio sts~r,. Sonic of rht you1L proJrts n+s
.a./ long mo[c than p;otr~:ing prognma sad arc
eetive]y involved in all rtation open6ons. Most
ors broadcasting. Others arc Wcbcrsting. Scmc
do botL. Scvetal projaSS ere producing pragra[ns fa commercial u well u public radio
statiors.
This work is of [mdcndtws importance m the yvuag people who are involved, b the
edu15 who wait with them, to the communities in which ts<y hue end arc growing up,
and m the ]is;ecers ofpubfic tad community radio.
Ae you recd the minion slatcmatts and goah in the page that follow, you wi11 find
phrases like "crupoweanrnt through dirtd mcdit exas," "media litmcy," "shaping
. their own at; "culGVel presavation," "providing n realistic rctkcdo¢ of youth and
their owa ~issve4" "opporruai4es fa Icedaship," tad'bringing a youth audience and
youth paspedive a public radio."
Oivn that yours involvemrnt i¢ radio is valued far to trur:y ditTe:cnt masons, the
movr<rt is rontiruing q grow tepidly. •
Ec Hatorml Federolion of Community Broadcasltrs (1,`FCH) producca an
TAnn¢t, Cmnm„mry Radio Contaatoc, and u the '90e wort on, mac and rna[s
young radio promsccrs started attending. After ttr 1998 Coafcm:cc tact of the Polka at
Yosrth Radio m BakAey avggesxd that we produce a oo¢fersrue jurt fa young
p<oplc. Ia Much 1Y99, wig the crucial a«:ste¢cc o(YOVIh P.adio, NFCg abz.^.is<d
end produced a pmhaing ajYourh vm Pv6lie Radio. We brwght togaha tpprooimetcly
40 higE school atudwss aad IS adult project feYdera fora day of tkills~raining
wosksbopt tad htfamntia¢ sharing i¢ San Francisco hen wrlrmaion svhh the
Comrumiry Rsdio Co¢fete¢cc Pe¢p~le,,ca~m_e,ftro~ m u far sway u Matne a¢d as close u
HCf1CLley. A¢d whe6 it waa oVCt, CV"T"•"r "^ fmdeat6, adult{ cAnfCifllCa
Ntriontl federcx'ioa of participeaLt, cod t)x NFCB ahfC--agrad ea one thing: We all knew we wanOCd mocc.
CorrunuAty groodaostara
Let a thousand Voices Speak ~' .~
A Guide to Youth in Radio Programs in the United States ~~_
Case Studies
This pioneering youth
development program
has won fame for
bringing its youth
commentaries and
features to local -
stations, Notional Fublic
Rodin, and the V/eb.
Many other youth
programs hove goNen
ideas and inspiraiian
from this o'•+'crd-winning
oraonlzalion
National Fedorciion of
CammurvN g.•ocdmsfers
Independent Youth Producers
Youth Radio
Berkeley,
California
What Wo Do
YOUTH fiKDlO students Icam the bazia of
broadcasting through h_nfa-on hxining,
workicg rcletionships with industry
professionals, and the production of award-
wmning prog:emming. Sn Use pmces s, the
young people arc exposed to a broad spectrum o: medic-rtlatcd ca:-xus. But Icchnicab
rtaining is only pert of Ih< picture. Through their journalism educatior„ youth-Radio
sr~dcnis also strengthen their foundation in basic "life skills": verbal exprusion,
writing compumr Itchnolo~•, critical stinking, cannier reselutioc, end mart.
The program tas opcamd 10 years rs Youth Radio; 10 years before Chu as Youth N<ws
h'ission
Po~~th Radio p:omota yo~acg people's inmllccmal, acatkc an" pro•`e <sional growth
through access ro media.
Goals for theProgram
To bring youth perspectiv<s to the media.
• To use the '- m break Mrrias ~scd on uror:tc, tdutici:;', a-td gs'lc.
• To <neourage the us< of media to rngage young people in positive activity.
• To provide skills that Iced to a wider world o(opportumty, education, and personal
devttopment.
• To tmpowa youth to create a betty Community end a bitter world for (heir peers and
zll generations, through Cat model of pctt teething N conjunction uirh caring adults.
• To providt a model for media outleu, acting as a catalyst to link 4hrn with young
people ar. the Iota! and nztiona! levels. -
• To trs:n the next gcnccation oC "medu con:cnt providers;' se that mcdiz praduc<rs
re [lwt the great diversity of the eommunitiu and eudicrecs Ihcr s<n•c.
Goals for the Students
• To ezperienet the powtt and exeitcmem of the media.
• To gain media, eommuniations, critical thinking, eed personal
dcvclop:r:endleadcrsl:ip skills.
• To improve opportunities and widen horizons.
• To have a aefe place to be with a diverx group of pttrs, end adults who make t la~g-
term eoovnitmrnt ro you.
• To Pursue a path of higfiu education endliteloog teaming.
• Tb ezperiena work exposure and job training. -
-- ----~1 Let a Thousand Voices Speak
8 I A Guide to Youth in Radio Programs in the United States
-------~
Gase Studies Independent Youth Producers
YOU4h Radio _ Programming
Berkeley, California Our programs air cn commercial stations, nontornmcrciel stations, and on Lh< Web.
This programming ranges from one-minute commentaries to lw'o-hour music progrems,
with (catures, W Ik shows, and on<~hcur spttials in bcM¢en. You(h Radio's
programming airs on a number of local, regional end rational n<M'orks, including
National Public Radio (NPR) prbgams. (See boz.)
YDUTR RADIO'S PROGRAhtMII:G AIRS ON T'NE FOLLOY'a~NG OUTLETS:
KPFB+M, BarbleY TFUrf.Tys
a.OG-eD0 pmt erd fn'aas.
TOO~OO~p m,
NPRY AfotiGp Ft<7on uU lJf
Th(r~,s Lonaldersd en
eveape U flit repcAs anc!or
gmnlanta .es per nanU..
Merketpfa<a: Fn averapo o'
one report a cor..mornary
per mooch.
Ledno USA: Sevcal vapors
and commenltt~ies pot year-
PuSllc Radio In:em axonal
(P W ): Ouer;e.".Y r'aL'o^al
YqM Rad'o rscah.
KGEGfM, San FranUsco:
wmmentary every Three
wae'u h mxntrp dmo, and
a halftwur public a`alrs
pmpram one Sundry a
month, wfikn oho airs on
KCRY/ i~ Los l.npoles on an
0.^rd 5'Lna bd515.
'v~dYJ~N
NFC6
• XCBSJJ.r., San Frnn<iaco
(ay-xwycommordzl ala5on):
- ammentary aired throe limos
each Smdap-
• ZS.S.TFM. San FrrrJs~ (main
)rMNccmn+erclel musk
sta5on): halbtwur youu talk
Www each 6unddY~
• Volcw 8ehlnd Bers:
predated by Incercemled -
youN, n en omolnp audio
loavro m ow Wob si3e.
Cantor h Wadixlk7,'l U.C., xd
WAMU. Youth Radb has else
wnLdbule: b Tha-La'~faY
Ba~Conpo'N, Sas•,y Trareler,
and repicnal tNeadcasls on •
Alabama Puhllc Ridio,
CalHomla Public Radio, and
Hors ertd Nor'. h New
England
Youth Radio has a monthly'
column h Ga San Far~ixo -
Cnronfde end Is occasbna:ly
leaWrad on WB20.
YouU RadlaMou(h M Control
is ptrn'Itirrr o7s+r is Cn
brua.l~ ~sv',le cross-radon
of Web wtlets. CurtenGy, now
moMa p:eseNatfona can he
touts on w.vw.yeuchradb.o V.
wJnv youGJnmrurd.ory, enC
case!oneay an NPR onJfne,
PuMC Faracflw, cmoM4 Oar 'S.
Heaffh-snfcNmedscape.con.
and bafcc'om.
1'OUth Radio has won
more than two dozen
awazds for
prognamming,
including the Redio-
Ttlevisian N<ws
Dircdors Association's
(RTNDA) pr<stigiaus
' Ldwerd R. Muriow
Award (Jurc 20Of) for
the fi:'<-part ncv's
series ?.fak'ng 1F,e ,
Grade, which
czacincd isracs
atTrting smdcnts in
America's dassrooms-
In choe<.ing srudcros to
wo; k or, particular
es<ignmer.LS, we try to
m¢tCh. 5T2drnL+lO Lh<If
inldRSLS end abilities
p e End else <n<OUte g't
them to try things that
they're not sure about. The studen6 arc involvrd in tht tditorial.and prodwtion process,
whh adult producers, from the beginning.
A single camm<n[ary could be tum<d around in a few hours. Other longer-form -
progamming Izkes anywhere from x wetk to swctal months.
lindc [he guidance of uaincd par teachers, students work on their own, with adults
available to troubleshoot aced give feedback. At the end o(tvery b: oadtas:, the youth
wnduct s criliqut, and tht adult protasiomis participate.
In a:Ei:bn, YauN Redia '
CUrtCnVy 1X03000515 Crr(r:nn'
alias and tezt_res en KPFA•
FM, Ficrkclcy, and ar
Padflca's natbnal ne^ra'k. II
pmducas lopl youth
commonUrioa Nat ar on '
WAHE h AL'anta; WBGO In
Nevaark WBUR In Boston, and
WGBH n eostm. A
paMarship is devabplnp with
Y ulh Radl et L18 Latin
~~ APT u ^ r ~ ~ ~ Our students create erid maintain
r' ~ ~ U1c site-w-w~a.}'ouLhzdio.urg-
U11dG ih< gU: 1(-°nCt Gf L .
professional Web producer. This is part of then training. Fcaturcs end commemnria uc
available on dtmand. Real-lime audio struming will tic starting boon. Webcasting u
patt of tht curriculum.
EXHIBIT °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. OS-
PROPERTY (including any improvement):
Lots numbered One, Two and Three- (1), (2) & (3), in Block
Number One (1') of. R. Schulz near the City of Port Arthur,
Jefferson County, Texas, as the same appears upon the map
or plat thereof., on file and of record in Vol. 6, page
96, Map Records of Jefferson County, Texas.
RESERVATIONS FROM AND E%CEPTIONS 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
z.special warranty deed_truth & educa[ion_2008_2
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
Grantor and Grantor's heirs, executor`s, 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.special warranty deed truth s education_2008_z
EXSCIITED on this the day of A.D., 2008.
GRANTOR:
CITY OF PORT ARTHIIR
BY: STEVE FITZGIBBONS
CITY MANAGER
ACKNOWLEDGEMENT
THE STATE OF TEXAS:
COIINTY OF JEFFERSON:
BEFORE ME, TBE 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 IINDER MY HAND AND SEAL OF OFFICE, this the day of
A.D, 2008.
APPROVED TO AS TO FORM:
CITY ATTORNEY
NOTARY PDBLIC, STATE OF TEXAS
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THE TERMS OF THE SPECIAL WARRANTY DEED AND REVERTER CLAIISE ARE
HEREIN AGREED TO.
EXECIITED ON THIS THE day of 2008.
GRANTEE:
TRIITH & EDIICATION CORPORATION
BY:
Stephen Mosely
.Executive Director
ACKNOWLEDGEMENT
THE STATE OF TEAS: § ,
COIINTY OF JEFFERSON: 5
i
BEFORE MS, THE IINDERSIGNED 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 IINDER MY HAND AND SEAL OF OFFICE, this the day of
A.D, 2008.
NOTARY PIIBLIC, STATE OF TEXAS
Return to Grantor:
City of Port Arthur
Legal Department
P. O. Box 1089
Port Arthur, TX 77641-1089
z.special warranty deed_[ruth 6 education_20oe_2