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HomeMy WebLinkAboutPO 5837: MEMORIAL BLVD. & 32ND STREET - TRUTH & EDUCATION CORPORATION interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~~/t Date: April 18, 2008 Subject: P. 0. No. 5837 - April 22, 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,32na Street to the Truth & Education Corporation. (Requested by Mayor Pro Tem Sinegal and Councilmember Lewis). This transaction~is contingent upon the City relocating the existing Fire Station. This proposed ordinance was removed from the March 25, 2008 Agenda pending a Public Hearing that was to be held On April 8, 2008, per Resolution~NO. 08-123. The Public Hearing has been conducted; therefore, P. O. No. 5837 is being put back on the Agenda for Council consideration. MTS:ts Attachment cc: Fire Chief Richard Louise Wsmer, Right-of-Way Specialist -2.po5837.memo4 r `P. O. No. 5837 03/20/08 updated gt ORDINANCE NO. 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 MAYOR PRO TEM SINEGAL AND COUNCILMEMBER LEWIS) WHEREAS,TTruth & Education Corporation has a license to use agreement with ..the City pertaining to Room 201 of the City.Ha11 '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 ahnex to the building located at the corner of 32na Street and Memorial Highway in Port Arthur; and WHEREAS,. the City presently operates a fire station at the corner of 32°d 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 anon-profit corporation; and WHEREAS, Truth & Education Corporation has requested to acquire said building as to continue his community radio station, z.pos s87_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 32°d 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 9t'' 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 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 32nd Street to Truth & Education Corporation, pursuant to Section 2.53.011 Local Government Code, in substantially the same form as attached as Exhibit "B". z.po8587_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 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 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.po558'1_updated MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.posse~_updated EXHIBIT "A" ~. TRUTH & EDUCATIOI\T CORPORATION (T, c~ E.} KOOL RADIO ".b:S,4P-107.1 LPFM" Stephen A. MosIe~- P.O. Boy 703. Port Arthur, Teas 77641 January 1, 2004 DEPARTMENT OF THE TREASURY TRUTH S. EDUCATION CORPORATION ` C~aeaE[ng Oppo,~(unittes Staphen A. Mata[y Executive Dlrectar P.O. Box 703. Port Arthur, 7X 77640 409-626-6i86 pager 444-96t}-8233 Cefl Based en information w•e submitted to the IRS stated in our application:for recognition of exemption, we have been deie,~iined to be exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described;n section SO I (~) (3)~ V 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 he 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 until 90 days afrer the end of our advzr,cc-ruling period (September 30, 2005). . PURPOSE 'TRUTH &EDUCATION CORPORATION Ct<eaEixt Stephen A-~l4Sosefy Fxeciitlve bircctw P.O. box 703 Pori Arthur, TX 77640 409-626-6186 pager 409-96Q-833 Cell The purposes for ~.~hich the Corporation is organized and the areas in ~~ahich its programs and projects nil] be expressed are as follo~s~s: A. "To provide charitable zssistance to the needy. B. To engage in activities necessary to promote self-help programs for needy ciUZens. C. To implement education programs. D. To engage in other charitable and educational, tax-exempt activities. E. "lire Cotporztion shall operzte in the entire community of Port Arthur, Texas and other areas within the Triplex area (Port Arthur, Beaumont and Orange, Texas}. PROJPCT TRUTEI &EDUCATIONCORPORATION Cr~ating ~ppo~k&inlf[~s stapt,~ a tu~sely Executive Dlrectar P.O. Box 703 Port Arthu , 7X 77600 409-626-6186 pager aa9-96Q-8233 Cell tinder the capab]e leadership of our executive director, Stephen A. Mosley, diiigentty engineered Truth ,;.Education Corporation througl-~ a maze of obstacles and pit-fills to triumphantly and successfully acquired the first LPPM radio. station iL Southeast, Texas. . Mr. Mosley's efforts were. so outstanding, that, the National Feder2lion of Community Broadcasters in Oakland, California wrote an article (enclosed- "Spotlight on LPFM'~ that appeazed 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 COOL Rf1IlIQ -•&S`~P IOi.l LPFM in Port Arthur, Texas. As stated ih the purpose far establishing Truth & Education Corporation, we will engage in activities necessary to promote self-help programs and educational programs. We hive begun tal}a with the Port Arthur Independent School District to help develop a classroom curriculum that will teach students alt areas of the radio broadcast industry. Thereafter, the students will become exposed to the reality oflive-talk radio by training hands-0n in the studio. ~~,'hile using modern equiptrient and state-of-thc-art technology, T students will becomc familiar with job shadowing in the areas of saes, 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. EXECUTI i~E S U1IfhfARY KOOL RADIO 107.1 LPFM KOOL RADIO is a minority owned and operated broadcasting company. ., Licensed as a non-profit non-commercial community sen~ice radio station (v2tlt an approximate l(1tui, radius), wiI1 fill a variety of voids while ' rnaintairting a professional level of programming. R ith our large ethnically diverse listening 2udience, ROOL RADIO will ptvvide our listeners with a format that will satisfy almost any audience's listening pleasure. Our initial prograuuning includes Crospel,~Jaa, live-talk, news, weather, sports and feeds from local and national h~PR affiliated stations. Cz_refii] analysis of the patentiaI.market shows an unfilled demand for this unique brand of entertainment. tv~r. Kermitt Morrison Jr, and Mr. Stephen A. Mdsley's local reputations will help secure a portion of the listener's trust, whle Gnc experienced on-air siaffand management team; assorts that the entire operation wit! be cazefitlly controlled. Mr. Moslay's past experience as an Executive Ilircctor of a well-lalown non-profit organization 2nd current managerlowner of his iavesfinent company (West Star Investments) will proridc adequate control over,the projected growth of KOOL RADIO. Additionally, Mr. Marrison'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. D.~sc~PZ~roN o~ Trr~ ,~ vsnv~ss • KOOL RADIO 107.1 L,PFM KOOL RADIO will spe:,ialize in listenerradio satisfaction through member supported contributioas and foundztion greats for the promotion of music end educational content (Grade school, College, Political concerns and various "live=tall: "progiammirig). ~Ve will attract a mature auaience that ~G~ll not only be IoyaI to our format but also has e high spcndeble income and looldng io purchase the various products and seivices with our member supported merchants. Hence, KOOL RADIO his createA an ideal environment in which to-place member supported messz¢es. 2 TR[II'H&EDUGIT[ON W~~ON ` Ln' zattng ~hpo~+uQtes , , se.pt+.n ti Ltoz.ty - r~veK o~~.cmr P.O. box 703 Port nrtiti~r, >x nor -aos•sso-sz3s ~ti To Mhom It May Concern, ' Truth & Education Corporation is anon-profit tax-exempt corporation designed to promote educational and self-hcip,programs Cot needy citizens of our co;nmumty: Qa December 1 S, 20G3, we received our Construction Permit from thcFCC to build _ and operate our o',vn radio station "SOOL R4D70 - KSAP 107.1 LPFhf" in Port Arhur, Texan. According to FCC rules, we have 1 S inon[hs to btuld the station or the f CC wil l terminate the license by Ara}' 1R, 20J5. Our goal is to rai"sc 5250.600 for land; the construction of e ncw• o(Ercc building, equipment and initial operating capital. A sttmnary plan of the project is enclosed for your examination. \Vc arc aggressively scc}:ing firzncial support from fnends, indusry, business paYU,cts and concerned individuals like you (o help us open the door of opportunity for many of our h~,uting }'ouch who need our help. \Ve }:now' that mtt_<ic is a lan~~age that crosses all boundrtnes and is a meL:od o; cdmrnturication that can no: onl}" hen? a hurting soul, but also can cncou:-age and enlighten a downtrodden spilt. Our executive director, Stephen A. A;oslcy, w•a5 so excited about (his project he has init;ated a dollarv(ardollarli!.+d drir•e cha(Icnyc wherein,. every dollu he is Pole to raise we challenge otu supporters to match rt w:th a dollar. However, if your conssbution is very substantial, Mr- Mosley has agreed to sacr,fice his aging body to walk, jog or r,Gca bike to re: clue it 1f we zre successful vnth this fund-raises, we w'il] be able to assist those individuals with ;cal world hands-0n training in the radio -broadcasting field, After completing a classroom curriculum 6esed.progrant, the studenu will then experience the excitement of radio in a studio setting. While using modem equipment and state-of-the-art technology, students will jab shadow in the aroas of engine-ring, management, salts, advertising,. marketing and other importznt responsibilities required to operate a successful radio station. ``then they complete this 5aining program, they will be able to walk into shy . ndio station in the world z.~d be successful. 1' of 2 We aze looF:ing forward to your participation and fhc youth azll immediatciy benefit from your investment. `,Vhat better wxy to assist their career goals than in a field they adore so~:~ctimes more thJt food - FADIO? P.S. Upon request, additionzl bac}:ground, organizetiomal and business plan information . will be ntadc. acai(able to you in a timely manner. Sincerely, , ~ i~ ?/ ~~ ~. , S; Fbn p. ,Ltosley ~ ~ Executive Dircetor 2 of 2 TAUTii &EDUChTION CORPORAIIOty GrniU.g Op~~w.ttl~s MISSION STATEMEI1lT DEPENDING UPON YOUR DESIRE TO SUCCEED, W/LL ULTIMATELY DETERMINE YOUR LEVEL OF SUCCESS! ° Producod end Dubllchod by Tho National Federation of Cornm~nliy Broadcasters NFCB Edited by Oow 6r~6er ~ " Wth a Foreword by 6LayZ dasoa Supported by the Tostb Irfttcdim Pragrao of the Opea Sod~h &ssiilate _ ,. a guide to youth radio programs in the unltea scace~y and hrnfs for sfarfing your ovrn !et a Thousand Vofces Speak A Guide to Yauth in-Radio Progr2ms in tfie United States ' ". ,. foreword o- .by 61nny Z. Berson otuidc: the W'aid cf ucnsgctc in L`c Ucfcd Snics ir. 2Cb1. Tcau me talked about CsmdicQ toarkctcd to, wo;ricd over, end bhtmcd for a!mwt cvu^ychmg 7bcy uc • uswlly asked for Lhc~r LSDUgh~ only sr, times of ais&, such es h:gk school shootings, a wtca ' t5crt is raancy ro Dc made from Ihcr., such u in c ~~ ~ a coasl.R7a fews ,]ups fa cew prnducd. We Enow' w!',at adults d':vk about recess end dnsgs, not vialc~et, (re dship, rats, nusic, SGh 001, Iavc, C(<. an: 600.' much do WC L'tOK' wk~ tCCnl Ilnt:k tU'iI 7}]cs< Lhr gS' If w<psy attcnrir-. we w lczm e !ot Aid Woa$h ndio, w< coo do c+cn mo[x. ~' A vbraat mov::vr_t u tcidtraiy m ®vc young people u-.+rcdin:ni access ~ thc.airuavea. P.s of - [his Wriring, Cscrc e.'c cart dreg 50 prtr¢aus' westing with high schwl-efcd youth and naia:og / 4`©io L~<ert art t:c`s:quc ofpro8scog radie- 2.tost of the }•oulh :zdio p:ognms arc cav;ccca. ' LI' fCG.C wE~' IO CC IQ;_I W^~.]'3[:[y C. pJ6I~C. sadic rt52 r.. So:~c of d'L yoc•.5 projc:ts esa Lang rnc[c tLv~ p;.Gs_icE proa-ssna ecd ttc eetivefy' Llvolvcd i.~ a:l t'.tton oy^CrtGOnt. ]+1esi cn b.-oatkesdng. 0th,. ata Wcbcesting. Semc do b'+lh. Several pm)eGC arc pmdncing proglsras fo• coQ-facial ns well u public ratio ssCOU. This work is o(Ceshcr.Go[a irt:porencc [o du ycwg pec2lc who are. in'volve4 b dte eLulis W'he wait aith tae, m (bc commaaioes in which u' <y live end en graw-mg up, '- and m the ]is;eecrs ofpubfic csd co¢[rnuoiry radio. ~ - Ae yvu rud the sissioo >;arcmm¢ and gaah in t6<pagn_tt~l Collow, You will find. - . phnus like "mppR•ettr~cs':t througJi dittd mcdie e¢ess," "medic litcnry," "chspiag thw owes ca; Ruhwel pccsmatioa," "providing a rulisic rc(kctioc of youW end thew o+m issuca," "oppatuoida fat kadarhip," tnd'btingicg t youth audience and youth paspeehve a public radio,' Oiva 11ut yoinS invotveccai iu radio is velued for so nwy Eit7:'cat reasons, the mwr<rt is coNinuicg d grow rapidly. - `. - . Tt: Nofoacl fddeMion of Community Broodcasltrs (hxCH) prod:rcca en Anntul Cmamuriry Nadia Confa(moq snd u Ehe'90a wo[eon, more and more ' - }rotag radio psofuccrs tlanedsIItndiag. Afla 1fx 194E CacSacce soma o: the. folks a: Youfh Radio o ]3trkcky tugpaxi that a'c p;oducc a wcfacoce jurt fa young p<oplc. Ta M.src! IY99, wf.L the aucirJ suis:z'~cc o(YoWh P.adia, NKB o.3z:.ix<2 end prodtsa~a Omhering ajyavfi in Psr6lre Rodin: W<bcwght fogat6erapptauriu[cly - 40 high echool and IS adah projatln4ers fora d:y of ctillsoaiaing F'GCtT~# Rt1d ]:tfrYmeLaa Shdnag 6 $an PiaLLLTCG QI NY(iUnLY$Ofl with the _ . Coto:wairy Audio Coafctrnce Poaple came Seth u far away as Dt.ti., and az elcu as Betkely. And whta iI west ova. n'trl'ono"'-dK iNdca4, adr+lti canfamte Nafionol fedaratioa of , and the Nf{g saf'f--ng~d on one 115ng: We dl knew we wanECd than' - CnmmvrylY Broodcoskn - u Let a'fhovsand Voices Speak (-~ •~ A Guide to Youth in Radio Programs in the United States (L-/ Case Sfvdies This pioneering youth devclopmen: progrom has won fame for bringing its youth commenfa:ies and teoteres is iocol slntions, f~a;ionol Fubic Rodie, and the VJeb Ivlcnv ciher youth progrcros hove gotten ideos end inspirolian iro=n this o'r'e rd-svinr. ing oraonizalian. Independent Youth Producers Youth Radio- 6erkeGey, California What We Do YO UTN, fit rJlO so~Gents Item the Duies of brcdcstting th:ou~~ hirds~en Csi nirg, wo: kic¢:deiionst,ips with indusuy n:o(cssionzls, ecd the preduccicr, of award- w¢rdrg grog: unain5.~:c Cat proc<ss, the yocng people arc expose.': to e broad spccrru ~ o: medic~rtlaced ee.-rcrs. 6u;~[eehmeef rrziniog is only pea of U:< piclura Through their jcurelisn cduczoon, Yovth Radio studevs else sueag;fan 4,dr foundation in-basic "lift stills": verbal cxp us:or., wri;iag. compa:nr Iutaoloc~, rric eel ib inking, eonf7ict reselunoe, er.d more. The pro~Zm F.zs ap«tcd IC years a Yeu;h F°die; 10 ycza Dt fort t=z; es 1'oath Ncxs h'issiar. 'i e_th t2edio p~moas yo's-^.;: pcopk's inmllcc;,;al, acz:6a ar_' ,:o;tsa ionz growrF. through access is r„cdie. Goals fo~the-Program To bring Youthp<rspc'tivcs io the media.. • To case Lhr '- b'mBk Lvrias lased rn usax:~c, dull`-~'. u~d ~: s. • To encourage (hc cast of mtdislo rngagc young p<oplc in pcsitivt-a~.Irv:ty. ., • To provide skills thnr teed ro a wider world of appor7umN,tducetior4 and pcrsorml devtlopmcnt. • To empower youth a er<aee a bnw community end a better v,rorld fcr th<ir p<cs and • all gtnerauons, through tic madd of peer tceching in conjuhcuon vilh cuing adults. • To providt a mod<I for mmdie outlets, aaieg as a catalyst to link h`.rn with, young pcoplt en the local an6 rzUOnal kvcls. - • To train [he eexl generation of "mcAis.eomm~t providers;' se chat media producers ' rc flat the grW divcrsiiy of the communilits end mdicr.as Lhc: scn•c. Goals for the Students • To cxpmrnce the power end cxcitcmc~t of the media. •~ To gain media, wmmuriatioos,.criticel thinking, and personal dcvcloprcnll<edtrzhip skills • Ta improve opporruoitia and width horizors. • To Fsv<e aefe place to b< with a divers[ grovo of pars; endaduHs who makt a Ieng~ «m: cotnmitmrnt to you. - Topussne a pat`-of higfia cducatioo end7iCeioag leering. t.'oiionol ftdtro:ion of lLtxpetienee corY Uposur<end jab traiaing. Community B.•ocdtasters _- ~ _ _ l Lef a Thousaad VoSces Speak 8 ` A Guide to Youth in Radio Programs in the United States ~- -- --J Gale Sfudies Independ@nt Youfh Producers YOUSh RQdio Programming Berkeley, CCh~tlfttlo Our prog2msei: cr, cormncrcial stations, nantorurxrciel stttioss, ncd on L•< Web. This programming rngcs from one-minute commentai<s to lino-hour move praa~.r. s, wilh kamru, talk shows, anG onchau: spwiafs in between. You:h Rad;o's pregrzmming airs ion a number of local, rcg i0nel end rational n<tworks. including Naliona3 Public Radio (NF'R) programs. (Sec boa.J ~ YOUtN Pl.'J10~5 PROGRLetStll.'G NRS OfV rK=_ rourn'+ttaG OUiI<<r5: • KPF8+Rl 9crbJeY Rvzlil> ~N-6:JO p.n~ erv fl'ra-. ].iXYgix7'prr. XPR~ Marl; ~nav'!JF Tf:IrKi Con]lCerK an eveape W Mc rexr5 e-.c/or tar..mena .es peg 1-wnP.. Mersre¢la ov: h-. averago o' one ropod a Co-morllary par rncni. uedno US<: Sevcal rnpors and cgmmclNa;iFS poi year. Po51k Radlc In:<m a'JCNI (P RS): Ooe r;e ^Tna..ra I roc. Ra.;i~ c5cah. KC EO~FM, 6:r. FranCuo: womena y every Ih'e e w•aetis h mxnh4 Emro. anC e hallh~vr, p.~be< 6°zln: fLXrSm WIC SL'nl.EY N rla-n, which aho eirs a. - Y,CAY/ L~ los /.npclee en er. OCLa S'L:1a baai5. • al~l'~('~l~fYyrifvtly NFCB • XC6SJJl, Sm Francisco (a:-..x~.skbnmor 'v~l aa:ionl: - ccmmenUry eked Lirot I!mos each Sulda)'. • Lk17FM San.Frxnc4x (Ii Yjli )c..aNa.-utsarJel resk ration): hel;~nwr yaai 1al'x lilo.• each 6undaY •VdewBehlew Bat pre E;lrrd ty 41<ar„eraled - yvti, n en o vMrr~ euEio IozLro m out Wab sae. Gckr h WaCir, ~'l RC., a'u" WAMU. YIKA.'r Radb has else oxlLitlle.: b fi6.7.cofl Lu" 6aclt Ca+po'~/, SerNT~w(er. ifld R^yUMI b'Ca.~Ca SIa MI' AleWma Puhllc Ritlio, GlHomk Puhllc Redo, 61u' }fore erld Nav. h h'cw E~tlanE YCUth Raelo flas 6 rro-:JJy alumn h Cn Ssa 5e'dsa - Glranlde vnd fs ocasbna:y Iealur6E on.WS7o. YauN R.CIa'Ycw'~1• to Cen:rol is F'm`'HI'F om'c tr hC .Y'll]f~" T~S>21C GO]6-cOCVa. of N'eh aa]ts. Currency. n..w 'moUa pnesaNaWna cal be twnC an www.tclthredb r. wwa~.yourirmrlbvl.wG, one cccai~onaey on NPfl onflrk, FWe: iaraca•4 anCErIL C35 lbeffi-wsfcNrrredscape.tan. anC baF tam. Tooth Redio hss wen more thEC two dozen pragrarnmi::g, ir:cluGn~6 the P.edio~ 'ICtY151On t~CK'S ~Irtclnrs ASSOCIdn00~5 (RiNDA) pftsligicus GEx'erE R. M.uraw " Aw:rd Qucc 2001) fcr the &:cpErt news se'ie5 !.lalina fit . Grede, which <cECi ;cd isr~cs d lTCilnt S:l:d4'1LS in A m(i L2'S CIE55I00115. In chec•rng srudenL to wv: k oc pErticular cssig~~r',cru, we ¢Y to rne[ch sctior, b LScu I(ii CSt5L5 End BbII111G5 Youth b a. nx n end elso <n<ouregc them to ray Lhings tF.at thtv're nal sure-ebout'11s s;odcn6 arc invoh~ed N th<eEi;ariefand production prtxess, with edcli ptodlxcrs, f.-nr.. the beginnicg. - A single caramcntery coa1C be cum<d around in a &w hove. Other longn-form - programming takes anyu~herc frvm a week 10 several mondls: Linde, the guidentt of trained pttr-tuchers, studtnts wetk on their owe, with adults at¢i{abk is trcublcshant end give fccdb=_cF;. At the end of every b: oadcu; the youth wnduct a criliquq and tht adult profcs6ioruls. participarc. In u,ECix,,Y,;ul.n Ree«J Q1.I C:.E)' bJ3LfL1L5 L'JrTIVI~ tans and loa'`.+ns M KPFP- Paclfiu's rmb-al nc'warF: II ploetr~s Iem! yauel cortraanafoa out ar on - WA6E N A:aMa; WBGO In Newark W6UR In &~sto^.; arM WGBH h fios:m. lur:nership a dcveb:h9 win Rad Latl y~j+~`~~~~y~~,.~~~~..~~~~~ OUf S(I:dGniS UCaft End mLmrLln ~jy~g~y~~y~ry.=~ y('a.•-~'~~`I~~ t)x silc--uvr~.yoalhzEiu.on;- -___ - - under th< gui~nct of a . profusiohal Weh productr. 7tis is put of dleir training. Feeturts u:d cemremnries u< aveilabk on denand- Rol-lime audio sutaming will be Parting soon. Webristing is pert Of IhC ca'riculutn. EXHIBIT 4B" w Date: SPECIAL WARRANTY DEED 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 77.641 Jefferson County CONSIDERATION: Pursuant to Section 253:O11.Loca1 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): . Lots numbered one, Two and Three (1), (2) & (3), in Block Number One {i') 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 cohveyance is 'made expressly subject to all easements, =fights-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.speclal warranty deed_trvth 6 education_2008_2 s e 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, successor's, 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. " F 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.speclal vazranty deed trvth 6 education_]OOB_2 s E%ECD'TED on this the day of ~ A.D., 2008 . GRANTOR: CITY OF PORT ARTHIIR BY :, STEVE FITZGIBBONS CITY MANAGER ACKNOWLEDGEMENT THE STATE OF TE%AS: § COD'NTY OF JEFFERSON: i 5 BEFORE ME, THE DNDERSZGNED.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. - NOTARY PIIBLIC, STATE OF TEAS ., APPROVED TO AS TO FORM: CITY ATTORNEY _ z.specia~l vazzanty deed_[zvch fi education_]008_2 t THE TERMS OF THE SPECIAL WARRANTY DEED AND REVERTER CLAIISS ARE HEREIN AGREED TO. , E%ECIITED ON THIS THE day of 2008. GRANTEE.: TRIITH & EDIICATION CORPORATION BY: Stephen Mosely -Executive Director ACRIIOWLSDGEMENT THE STATE OF TEXAS: § COTJ2ITY OF JEFFERSON:- S ~ ,_ BEFORE ME, 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 OE TEXAS Return to Grantor: City of Port Arthur Legal Department P. O. Box 1089 Port Arthur, TX' 77641-1089 z.special warranty deed_crvch a educaeion_2008_2