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HomeMy WebLinkAboutResolution - 082560C - Lease Agreement - American Legion - Allen Brothers Post No. 148 - 08/25/1960 FOS wg � G RESOLUTION {. WHEREAS, by lease dated March 22, 1930, City of Lubbock as owner leased and let to Allen Brothers Post NP. 148 of the American Legion, at Lubbock, Texas, as tenants for a period of 50 years a tract of land 50 feet wide, North and South, and 125 feet long East and West, lying 20 feet North of the North line of the City Hall of the City of Lubbock, Lubbock County, Texas, said tract extending from the property line on the East to the property line of the alley on the West, and pursuan thereto the Post constructed on said site a building known as the American Legion Home; and, WHEREAS, all sums due to the City of Lubbock for said lease have been fully paid for the term of said lease, and it has been determined by the City Commissio that it is necessary to acquire said Post property for the purpose of constructing certain improvements to the City Hall of the City of Lubbock and has offered to purchase the Post property from the Post and to provide said Post with additional land located in the City of Lubbock, Lubbock County, Texas, abutting Avenue Q in said City of Lubbock; and, ` WHEREAS, after negotiations with said Post and acting by and under its duly authorized officers the terms of the purchase from said Post have been fully agree upon as more particularly shown in that instrument attached hereto; and, WHEREAS, after due consideration of all terms of said instrument it is found and determined that same incorporates all of the negotiations between the City of Lubbock and the Post; and, WHEREAS, it is further determined that it is in the matter of public interest that the lease hold interest and the property of the Post be acquired by the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock accept the terms as set out in the instrument attache hereto and that the Mayor of the City of Lubbock be and is hereby authorized and directed to execute such instrument on behalf of the City of Lubbock and that as evidence thereof the City Secretary attest same and affix thereto the seal of the City of Lubbock. Passed by the City Commission this_day of August 1960. ���. _ AVID C.T�rs.EY,Mayor --- ATTE� Zz' : Form Approved Gt y Lave aLowe,___ 4S�erey-Treasurer b^ d V' THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT made and entered into as of the 14th day of January, 1960, by and between the City of Lubbock, a home rule municipal corporation of Lubbock County, Texas, hereinafter called "City", and Allen Brothers Post No. 148, American Legion, Lubbock, Texas, an unincorporated association, and Allen Brothers Post No. 148, American Legion, a corporation duly organized and exist- ing under and by virtue of the laws of the State of Texas, whose legal domicile is the City of Lubbock, Lubbock County, Texas, ` hereinafter jointly called the "Post", each of said parties acting by and through its duly authorized officers: W I T N E S S E T H: WHEREAS, on the 22nd day of March, 1930, the City, as owner, leased and let to Allen Brothers Post No. 148 of the American Legion, at Lubbock, Texas, as tenant, for a period of fifty years, a tract of land 50 feet wide North and South, and 125 feet long East and West, lying 20 feet North of the North line of the City Hall of the City of Lubbock, Lubbock County, Texas, said tract extending from the property line on the East to the property line of the alley on the West, and pursuant thereto the Post constructed on said site a building known as the American Legion Home, which said building and leasehold estate in said land are hereinafter referred to as the "Post property"; and, WHEREAS, all sums due to the City for said lease on said Post property have been fully .paid for the term of said lease, and the City has determined that it is necessary to acquire said Post property for the purpose of making certain improvements to the City Hall of the City, and has offered to purchase the Post property from the Post, but the City and the Post have been unable to agree upon the amount to be paid for same and the Post, having no desire and being unwilling to sell said Post,,property, the City, in contemplation of the exercise of its right of eminent domain to acquire said Post property, has offered to pay to the Post the sum of $40,000.00 cash for the Post property, which offer the Post declined to accept, and the City has further determined to take said Post property by statutory condemnation; and, WHEREAS, said City and said Post, in order to make peace and avoid litigation, have agreed to settle and compromise their differences and have agreed generally that the City will provide other property for use by the Post for a Post Home during the unexpired term of the lease mentioned above, and will pay and deliver to the Post or for its benefit the sum of $52,500.00 to be used for the construction and furnishing of a new Post Home on land to be provided by the City; and, r WHEREAS, said land which the City of Lubbock agrees to lease and let to the Post for the unexpired paid up term of the Post's original lease is described as follows: Being located in the City of Lubbock and the State of Texas, abutting Avenue "Q" in the City of Lubbock, and more particularly described as follows: BEGINNING at a point in the North line of Lot Number Twenty-six (26) in Block Number Twenty-two (22), McCrummens Second Addition to the City of Lubbock, Lubbock County, Texas, which point is 25 feet West of the original Northeast corner of said Lot No. 26; THENCE South 140 feet to a point in the South line of said Lot No. 26; THENCE West a distance of 280-2/13ths feet to a point; THENCE North a distance of 140 feet to a point in the North line of Lot No. 26 in said Block No. 22; THENCE East a distance of 280-2/13ths feet to the point of beginning, hereinafter referred to and called the "City land". NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said City and said Post, acting by and through their respective under- signed authorized officers and agents, for and in consideration of the above and foregoing recitals, do by these presents and do hereby covenant and agree with each other as follows: I. The City shall forthwith deposit in the Citizens National Bank, Lubbock, Texas, for the benefit of the Post, the sum of $52,500.00 in cash; which said sum shall be held by said Bank for the benefit of the Post, and is hereby designated the American Legion Building Trust Fund, hereinafter called "Fund"; said fund to be used solely for the purpose of preparing a site for a build- ing and for the purpose of constructing a building, providing for parking space for automobiles and equipping a Post Home on the City land. City and Post shall jointly control, provided that after the Post has selected the plans and specifications for the build- ing and a bona fide contract or contracts has or have been entered into by and between the Post and a reliable contractor or contractors for the construction of the same, then the City shall have no further control of said fund other than the right to assurance that said fund is expended in accordance with such plans and speci- fications and such contract or contracts, and shall designate an agent for the City who shall co-sign checks for the withdrawal of said fund from said Bank, which agent shall co-sign all checks presented to such agent for payment of contractors' estimates when, as and if they are approved by a qualified licensed architect who shall be selected by and employed by the Post and paid out of the fund. It is also specifically agreed without limiting the purposes for which said fund shall be expended by said Post that such fund may be used so far as necessary for landscaping purposes, -2- sidewalks and necessary paving in order to make such Home reason- ably usable. II. It is understood and contemplated that the City lend is largely or altogether below the estimated high water mark of a lake area and that the City owns other land in the same lake area, and the City hereby agrees to allow and permit the Post, under the supervision and direction of the City Engineer of the City of Lubbock, all of the soil available from the lake area which may be moved without detriment to the drainage of such lake area for the purpose of raising the height of as much of the City land as may be possible, and at no cost to the Post, but the cost of removing the soil from the lake area to the City land shall be borne by the Post and paid out of said fund. In the event that there should be insufficient soil available in the lake area to raise the portion of the City land to be occupied by the building and its yards and approaches, then the City Engineer shall determine the location where the Post may obtain additional free soil for the purpose of making the fill on the City land. No construction of the Post building on the City land shall commence until the land to be occupied by the building and the yards and approaches are raised by the use of such soil to the estimated high water mark of said lake area. The moving of such soil and compacting of the same shall be under the supervision of the City Engineer. III. The City warrants that the Post is not prohibited by law, ordinance or otherwise from constructing said building, using and occupying the same as contemplated herein, and in the event that there is any legal prohibition or other obstacle to the construction, occupancy and use of said City land as contem- plated herein, the City will at its expense, in addition to the fund, remove or correct such prohibition or obstacle, and"if same are not removed or corrected as aforesaid, then this contract and agreement shall be of no force and effect and the City shall put the Post in the same position that it was in at the time of the execution of this contract with respect to its Post Home. IV. The Post agrees to use the fund herein provided and to construct the new building on the City land at the earliest practical time, with the express condition and consideration that the said City land, premises and building to be built shall be used and occupied by the Post as the Home of Allen Brothers Post No. 148, American Legion, and not otherwise, it being understood and agreed that the City is moved to make this lease for the terms and pur- chase price stated and upon the considerations and conditions -3- that said premises shall be used for the worthy cause of promoting and preserving patriotic principles and practices, it not being intended hereby or herein to prevent the Post from allowing said premises or any part thereof to be used by kindred or associated or subordinate institutions or organizations such as, for example, the Boy Scouts of America, and upon the further express agreement that all rentals or other considerations due for such lease have been received by the City of Lubbock in full in respect to said City land and building, and the said lease shall terminate and said building, land and improvements thereon shall revert to and vest in and become the property of the City on the 22nd day of March, 1980, and the Post covenants to peaceably yield up possession of the building and premises on the City land on March 22, 1980, in good condition, ordinary wear and tear and damage by accidental fire, inevitable accidents, Acts of God and the elements only excepted, subject to all of the terms and conditions of this agreement. V. In consideration of the premises, the Post hereby grants, bargains, sells and conveys to the City the building located on the present Post property and hereby releases and relinquishes its leasehold estate in the Post property, this conveyance to be effective and possession of the Post property delivered to the City upon the expiration of ten days after the City makes the deposit of $52,500.00 in the Citizens National Bank, Lubbock, Texas, for the benefit of the Post as hereinbefore provided. VI. In consideration of the premises and the mutual promises and agreements herein, the City hereby leases, lets and demises to Post the City land above described, for the term commencing at the expiration of ten days after the City makes the deposit of $52,500.00 cash in the Citizens National Bank, Lubbock, Texas, for the benefit of the Post under the terms of this contract, and ending at the expiration of the 22nd day of March, A.D., 1980, and the City hereby lets, leases and demises to the Post for the same term all improvements which may be constructed or erected upon the City land during the time of this lease, whether at the expense of the City or the Post, and acknowledges that all rentals and other considerations due the City for such lease are fully paid and discharged. VII. It is specifically understood and agreed between the Post and the City that the building and all improvements erected or constructed upon the City land under the terms hereof shall be and remain during the term of the lease the personal property of the Post and shall not attach to or become a part of the realty upon which same are erected and constructed until the expiration of the term of the lease, at which time, to-wits March 22, 1980, all of such improvements erected and constructed upon the City land shall pass to and become vested in the City of Lubbock, in fee simple. The Post.agrees and promises that it will, during the term,of the lease, obtain and pay for casualty insurance in an old line legal reserve company, covering loss and damages to said building, to its full insurable value, and if such building be destroyed or shall become unfit for occupancy by reason of the conditions or happenings covered by such insurance during the first year of the term of the lease, then the Post shall have the option to rebuild or repair said building, using all of the insurance proceeds for such purpose, or the Post may assign and deliver to the city 33-1/3 percent of such insurance proceeds and terminate the lease. The Post shall have ninety days after such loss or damage within which to exercise such option by giving notice to the City of Lubbock in writing by delivery of such notice to the City Secretary, plainly setting out the option which the Post has elected to exercise. In each subsequent year of the lease, if the Post exercises its option to pay over a portion of the insurance proceeds and not rebuild the building after loss or damage,, then the percentage of the proceeds to be paid to the City under such option shall be increased by 3.5 percent for each succeeding year after the first year of the term of such lease. WECUTED at Lubbock, Texas, this 25th day of Aucaust 1960, by the officers and agents respectively of the parties here- unto duly authorized. CITY OF LUBBOCK - ATTE /// By=MAYOR u� City Secrete -Treasurer ALLEN BROTHERS POST NO. 148 ATTEST: American Legion, Lubbock, Texas j OFFI IAL SEAL ALLEN BROTHERS POST 1d0. 143 ALLEN BROTHERS POST NO. 14-8 ATTEST c f0E THE AkIERICAN LEGION American Legion, a corporation A CORPORATION ............. -5- ` FOS:wg RESOLUTION WHEREAS, by lease dated March 22, 1980, City of Lubbock as owner leased and let to Allen Brothers Post No. 148 of the American Legion, at Lubbock, Texas, as tenants for a period of 50 years a tract of land 50 feet wide, North and South, and 125 feet long East and West, lying 20 feet North of the North line of the City Hall of the City of Lubbock, Lubbock County, Texas, said tract extending from the property line on the East to the property line of the alley on the West, and pursuant thereto the Post constructed on said site a building known as the American Legion Home; and, WHEREAS, all sums due to the City of Lubbock for said lease have been fully rid for the term of said lease, and it has been determined by the City Commission t= it is necessary to acquire said Post property for the purpose of constructing certain improvements to the City Hall of the City of Lubbock and has offered to purchase the Post property from the Post and to provide sidd Post with additional land located in the City of Lubbock, Lubbbck County, Texas, abutting Avenue Q in said City of Lubbock; and, WHEREAS, after negotiations with said Post and acting by and under its duly authorized officers the terms of the purchase from said Post have been fully agreed upon as more particularly shown in that instrument attached hereto; and, WHEREAS, after due consideration of all terms of said instrument it is found and determined that same incorporates all of the negotiations between the City of Lubbock and the Pont; and, WHEREAS, it is further determined that it is in the matter of public interest that the lease hold interest and the property of the Post be acquired by the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the City of Lubbock accept the terms as set out in the instrument alached hereto and that the Mayor of the City of Lubbock be and is hereby authorized and directed to execute such instrument on behalf of the City of Lubbock and that as evidence thereof the City Secretary attest same and affix thereto the seal of the City of Lubbock. Passed by the City Commission this211b day of au&ust , 1960. ATTEST: ve Lowe, ty ecre ry read surer Lavenia Lowe, City Secretary-Treasurer, City of Lubbock, Texas hereby certify that the above and foregoing is a true and correct copy of a Resolution authorizing the Mayor to execute agreement for acquisition of property which was leased to Allen Brothers Post No.. 148 of the American Legion; for the purpose of using to construct a new City Hall. Passed by the City Commission on August 25, 1960 and of record in Minute Book 19 records of the City Commission of the City of Lubbock, Texas THIS 1ST DAY OF AUGUST 19-,0_ Lavenia LoTwile, City Sec tary- reasurer City of Lubbock, Texas DESCRIPTION OF PROPERTY TO BE LEASED TO AMERICAN LEGION BEGINNING at a point that is in the North Line of Lot 26, Block 22, McCrummen's Second Addition to the City of Lubbock, Lubbock County, Texas, said point being 25 feet west of the Original Northeast corner of said Lot 26; THENCE SOUTH 140 feet to a point in the South line of said Lot 26; THENCE West a distance of 280-2/13 feet to a point; THENCE N'drth tv a distance of 140 feet to a point in the North line of Loe 20, said Block 22; THENCE East a distance 280-2/13 feet to the POINT OF BEGINNING. (Being west side of Avenue "0", in the vipinity of 25th St,) DESCRIPTION OF PROPERTY TO BE LFASED TO AMERICAN IEGION BEGINNING at a point that is in the North Line of Lot 26, Block 22, McCrummen's Second Addition to the City of Lubbock, Lubbock County, Texas, said point being 25 feet west of the Original Northeast corner of said Lot 26; THENCE SOUTH 140 feet to a point in the South line of said Lot 26; THENCE West a distance of 280-2/13 feet to a point; THENCE NorthtX a distance of 140 feet to a point in the North line of Lot 20, said Block 22; THENCE East a distance 280-2/13 feet to the POINT OF BEGINNING. (Being the West side of Avenue "Q" in the vicinity of 25th St,) AMERICANN LEGION - NEW LOCATION - 1960 .t/ i �.*•�,...•::.- . _ is - IT 0y, rsr s •, �, _. e � s� r, rt.,,, Yr {fix?� + ��� ���; i�����F?. Irf �;, �"�! -,�y�,�F,,�� ,t��. � �—�y�>Q_�i3 y]✓ T TM7.[MpMIM�TVPr +7AI�rnT.tW� � a s l. "erie" Iieaon Corporation f: The Board of I� Mtors of the Allen Brother's Poet #146,41abbock, Lubbock County, Texas, in called session on July 25, 1960, the following members were present: H. D. Roods H. S. Stanley A. C. Jackson notice having been given to all members of such Board of Directors by American Legion Corporation ma&t2 by the Post Commander of the Allen Brother's Post #146 1 Lubbock, Lubbock County, Texas, and under the charter granted by the State of Texas and dated the 19th day of February 1930, in which the.charter provides that the Board of Directors which consists of three or not more than twentSy9m. Therefore, it being considered that a quorum was present, that notice having been given to the following members, now members of the Post living in the area, in s1dition to the three members being as follows: Louis hlarfee, Sr. Ben Kucera Lubbock, Texas Lubbock, Texas Hubert L. Allen Amarillo, Texas George A. Miser Lubbock, Texas Charles Whitacre Lubbock, Texas Paul Hardwick Lubbock, Texas Therefore, it came on to be considered by the Board of Directors, Y� a motion was made by H. D. Stanley and seconded by A. C. Jackson, that H. D. Woods be Chd man of such*Board of Directors. Upon the question being called, Mr. Wood was elected by acclamation as Chairman of the American Legion Corporation Board of Directors of Allen Brothers Post #1)18,/Lubbock, Lubbock County, Texas. Then there came on to be considered the matter of a Secretary of the Board of Directors and a motion was made by H. D. Stanley and seconded by H. D. moods that A. C. Jackson be nominated as Secretary of the America¢-.legion Corporation Board of Directors of Allen Brother's •Post A48,/Lubbock, Lubbock County Texas. On the question being called, A. C. Jackson was elected unan- -7 jmouslry as Secretary of the Board of Directors of the Allen Brothers . � rk American Legion Corporation Post #W f Lubbock, Lubbock County, Texas t. bejn4 : 4th9.t AL, number of the members who xeretW�•px[le �iQA'Ir8�S:111tel� ��k14 ", � fi ta#�ae 4 .a Moods, lrj ilat t�i' ail o�ti rg 'bps rec : �' I ' to "'the exeentRi , committee to btr'reccommeaiSed,to Post I 8 '��' i � aII i�� I' •�. s `;I 'o f Pa t�Id directogQf Allen Brothmr'p,Post #]lt8:` the' hture until thieir successors ;aip, elected to orfice: I k; H. D. Woods i I . ]I. D. Stanley I, 3 Louis Awfee, Sr. I H. L. Allen CherJes Whitacre �I I i , PAai� .Hardvrick I. Leland Payne Hugh Anderson Jack Alderson •I Then came on to be considered, the matter of the transfer of the personal American Legion Corporation property of the Allen Brother's Post #148,/Lubboclk, Lubbock County, Texas as:now located adjacent to the City Hall and a contract having II been presented to such Board of Directors for the ,transfer of such er to the City of ubbock Count Texas in lieu of i P%P t5� Y Lubbock,� y� � �I a rlentWaI of such lease to extend to the 22nd day iof March 1980, for r I a similar lease on property located at 125th and Avenue Q, Lubbock, Texas, in further consideration of t e payment of $52,50o.00 by NI the C tl of Lubbock to the said Aden Brother's Post #11t8, of the 91 I r Corporation ( 1 IIII II r; I Ameri I Legion/of Lubbock, I Ubbo�k (outnt�r, Texas,l as :evidenced by ai+copy the contract and proposallof the City o Lubbock attached i i it I i i y� harotol I r,l on a motion by H D. S,aNey and seconded by A. C. Jackson, I� , . it'-was 7ecccam snit"b"'he rd of"Director§moo`°`tiie Fkscutife Cormittee Anericap Legion Corporation of the jlien Brother's Post 1lt8 Lubbock', Lubbock County, Texas, that y tbe'. Post'do hereby accept t`L{ proposal ofl the City :of Lubbock as i. 'i Ida d by the said contra t and`that the Board 'of Direcbrs reccommerd i cutive Committee t they recco�end tol the Poat #148 as a the Chairman of a )k Of I d one 8ecsatarr d to execute such nts mees t lax the transfer ! �I I i t • f e 'I and to rece a a8e e l IAB here it I rty a th property, in � I 17 submitted, �t'. • e yr rc.t. S t ve s x ire Rib e �p"a it THE SfATZ OF TBXB COUNTY OF LUBBOCK � y BEFORE ME, the undersigned Notary Public, on this day i personally appeared H. D. IWoods and A. C. Jackson, each''of whom being by me first duly sworn, upon his oath deposed and stated: "H. D. Woods is the duly elected, qualified and acting President of Allen Brothers Post No. 148 of the American Legion, a corporation, and A. C. Jackson is the duly elected, qualified and acting Secretary of such corporation. "The above and foregoing attached instrument is a true copy of the Minutes of a meeting of the stockholders and directors of such corporation held in Lubbock, Texas, on the 25th day of July, 1960, and which Minutes appear on Page of the Minutes of such corporation. "Such action of the stockholders and directors of said corporation as reflected by such Minutes has not been altered, changed, amended or supplemented." pFFIgAL SEAL H. D. WORODS, President IE 19 AMERICANTLESION;8 A�RpppAtlON . A. , I SUBSCRIBED AND SWORN TO BEFO by H. D. Woods and i A. C. Jackson, this the 9 day of st, A.D. , 1960, to certify which witness my hand and seal of of ce. N tar c, Lu oc jConnty, Texas - HUGH ANpEFSON, Notary VubRa In and for Lubbock County,iexar 1Mj ROCI®hslC� S�I.s Juq 1, f , I it i a ,I yyyy I � I �.Y� I x ° IUNMES OF THE MUTTVE GOUMTHE rti AIMCAN %ZGIOA i a, LUBBOCK, TEXAS July 25j 1960 Present irere: Past Rst Commander:y.H. ,0oodman H.D. Woods H. D. Stanley A C. Jackson Present Commander-Boyd Scott Kiley Duff, and others There came on to be considered the reccommendation of the Board of American Legioh Corporation Directors of the Allen Brothers Post #148,/Lubbock, Lubbock County, Texas, which reccommended to the Executive Committee that the lease nor held by the Allen Brother's Post to the property immediately adjoining the City Hall be re-leased to the said City upon payment jof $52,500.00 and the extension of a lease on property located at 26th and Avenue J. Lubbock, Texas, for the life of the present lease, i in accordance with an agreement heretofor reached by the said Allen American Legion Corporation Brother's Post ,#1a8,/Lubbock, Lubbock County, Texas, with the City of Lubbock. Copy of such agreement is attached hereto. A motion was made by Riley Duff and seconded by H. D. Stanley that the reccommendations of the Board of Directors be recommended to the American Legion Corporation Allen Brother's Post #148,/Lubbock, Lubbock County, Texas, for their action thereon. A motion was made by J. H. Goodman and seconded by Boyd Scott that the a reccommendations of the Board of Directors be approved and submitted American Legion Corporation to the Allen Brother's Post #148,/Lubbock, Lubbock vCounty Texas, for. consideration, and the motion carried. �i i i Y y I I wa i THE STATE'jOF TEXAS X COUNTY OF'. LUBBOCX I i We, Boyd Scott, Chairman, and J. H. Goodman, Secretary, of thw Executive Committee of Allen Brothers Post No. 148, American 4 Legion, Lubbock, Texas, an unincorporated association, do hereby t certify that the attached and foregoing instrument is a true and ¢ correct copy of the Minutes of a meeting of such Executive Com- mittee held in Lubbock, Texas, on July 25, 1960, and that such action taken by such Committee at such time, as reflected by such Minutes, has not since been altered, rescinded or amended. a3 ±7'2t� /I . BOYD S OTT, Chairman y J. 1H. GOOD AN, Secretary r' i ,t G SUBSCRIBED AND SWORN TO BEFORE ME by the said Boyd Scott and J. H. Goodman, this the day of August, A.D., 1960, to certify which witness my hand and seal of ffice. F HUGH ANDERSON,Notary Public In and for Lubbock County,T= N tarl5wPublic, Lubbock County, Texas YJ ccmmissics upiras JOBS 1. :b rr ri i I TI�4 t $�����ipp��:'ON Vg11791 RIB ffii0fi3�R`�6 rok f1he 4146Eti 10-1=ON f' .. 8 .. r dI�18ot2 j, The meeting was called to order by Boyd B. Scott with J. H. Goodman as Adjutant. It came on to be considered the recommendations of the Board of Directors and the Executive Committee of Allen Brother's Post #11,48, for the transfer of the present American Legion property to the City of Zubbock in lieu of an extension of the present lease together with $52,500,00 which is to be spent upon the improvement of the new lease. There being sixteen members present, all in good standing with the American Legion, Allen 9rother's Post #148, motion was called for the adoption of the recommendations of the Board of Directors and the Executive Committee and a motion was made by Riley Duff and seconded by J. H. Farmer, that the recommendations as heretofor stated be approved by the Allen Brother's Post #{1�8, Lubbock, Lubbock County, Texas. Upon the question being called, the motion carried unanimously. The next item of business as called for by Comnander, 3oyd B. Scott, was the election rf delegates to the State Convention to be held in August 1960, and a motion was made by A. C. Jackson and seconded by H. D. Stanley that the Post Commander appoint such delegates as will be able to attend such convention, that further, any member of Allen Brother's Poet who may find it possible to attend such convention be entitled to all caucuses of such Post as a voting member of the caucus but would vote.as a unit. The next item of business was the election of officers of the Post for 1960 to 1961. The Chairman of such nominating committee being; H. D. Woods assisted by J. H. Goodman and H. D. Stanley nominated the following officers for the Post for the Post for the ensuing year: Post Commander: Boyd B. Scott 1st Vice Conmander: W. A- Jackson 2nd Vice Commander:. 3. G. Tillory 3rd Vice Co^inander: _ Floyd Lebow Finance Officer: John Brooks Judge Advocate: wagoner Carr i L+WsrY» ''" 1 iT;L"p 41 �y �I its v 'I r y f , �j L 4 �s ��y'" * wt��a•dtt iry °i , r �. 'being ca �14 lbrther tatiohe, the �f ' #' Lnotion trade invade R. D. It In I by oodtr ad at onded by J. R. Qoodman that the ;above alete of officers bee Oted byj acclamation, and the notion j carried. I, il Respectfully submitted, J. H. Goodman, Adjutant! I I i t . p is f4. � I —2— WAL TBi, STATE OF`THCAB COUNTY OF LUBBOCK I We, Boyd B,. Scott, Commander, and J. E. Goodman, Adjutant, of Allen Brothers Post No. 148, American Legion, Lubbock, Texas, an unincorporated association, do hereby certify that the attached and foregoing instrument is a true and correct copy of the Minutes and records of such unincorporated association truly reflecting the action taken by the members of Allen Brothers Post No. 148, American Legion, Lubbock, Texas, an unincorporated association, at a meeting held in Lubbock, Texas, on the 25th day of July, A.D. , 1960. f WITNESS our hands at Lubbock, Texas, this the day j of August, A.D. , 1960. BOYD B SCOTT, Commander J. 'GOODMA , Adjutant f ' F SUBSCRIBED AND SWORN TO BEFORE ME by Boyd B. Scott and J. H. Goodman, this the day of August, A.D. , 1960, to certify which witness my hand and seal of office. in an ANOERSOck Cotnry.Publi1692 N to Public Lubbock Count Texas In end (or Lubbock County,.TGxaii 1 County, { M.t wmmissioe�ipires'Jun. lr I f t i 1 OFFICE OF nuc;n ANDERS®N ATTORNEY AT LAW 414 LUBBOCK NATIONAL BANK BUILDING ' Li7IiSOCIG. Tl+�]CAB August �� 1960 To the City Commission of the City of Lubbock Lubbockq Texas Gentlemen: Attached are multiple copies of a proposed contract between the City of Lubbock and the Allen Bros. Post No. 1" of the American Legion of Lubbock, Texas an unincorporated association, and Allen Bros. Post No. 146 of the American Legion, a corporation, and bearing the signatures of the authorized officers of the Association and the Corporation. Also attached are certified copies of resolutions of the organization supporting the authority of the officers to execute the contract. These are tendered to you for proper execution by persons authorized by you as the governing body of the City of Lubbock, and will become binding upon the Post only when so executed and a copy of such contract so executed is de- livered to the writer, accompanied by a certified copy of the Minutes of the meeting of the City Commission of the City of Lubbock, reflecting your action with respect to authorizing the person or persons who have executed the contract to do soy and thereby binding the City of Lubbock, Texas, to perform such agree- ment. Very truly ur�s-v-- HUGH ANDERSON, Attorney for Allen Bros. Post No. 148 of the American Legion, a corporation. HA/je