Board met in regular session. President of Board being absent J.M. Bates acted as president pro tem. Bills were allowed as follows.

To Thomas Medsker Marshall $30.00.

J. White 1.50

Arnholter 75 c

Vonnegut Hardware Co. 90c

Standard Oil co 2.00 for oil

H. Whitinger $12.40 for 124 loads gravel for town Newman Br____ and $10 for stove for Town Hall.

This being the meeting for the letting of contract for sidewalks on both sides of Hancock St. from Morgan St to Hamilton St and Shelby St on the north side from Morgan to Hamilton St and on south side from Hamilton St to Monon RR.

On opening bids C.J. Wacker's bid was 75 per L___ A Bruner 88c, J.B. Baxter 83c, E.G. Jeffries 65c for Hancock St and 70c for Shelby St

Elmer Watts 82 ½ c

Elam G. Jeffries being the low bidder the contract was awarded to him and he was ordered to file a bond for the faithful performance of contract according to plans and specifications on file at this office. On motion of Dr. bates a meeting Monday evening at 7 o clock to ____ in the _____ of contractor for improving streets. Set on Feb 7 1905 and also to sign up bonds for the improvements made in the streets and accepted Aug 8 1904 and any other business that may come up for the board action

THIS AGREEMENT, Made and entered into this 11th day of February, 1905, by and between Elam J. Jeffries, of the County of Hancock, and State of Indiana, party of the first part, and the TOWN OF BROAD RIPPLE, in Marion county, in said State, by and through its Board or Trustees, party of the second part, under and by virtue of an act of the General Assembly of the State of Indiana, entitled: " An Act concerning powers and duties of Cities and Incorporated Towns, and their Common Councils and Board of Trustees, and providing the mode and manner of making street and alley improvements and building sewers and providing for he mode and manner of inforcing the payment of the costs of street and alley improvements and building sewers, and permitting cities or incorporated towns to issue street and sewer improvement bonds. And repealing all conflicting laws, and declaring thereto and supplemental thereto,

WITNESSETH:, that the party of the first part hereby covenants and agrees to improve that part of Shelby Street in said Town, from Morgan Street to Hamilton Street on the north side, and from Hamilton Street to the Monon railroad tracks on the south side, by grading the lawns and gutters, and cementing the side-walk for the sum of seventy (70c) cents per lineal foot of said improvement, complete, according to the terms and conditions of Improvement Resolution No. 2, (1905), adopted by the Board of Trustees of said Town, and the plans, profile, and specifications on file in the office of the Town Clerk of said Town, which said resolution, and said plans, profile, and specifications are made a part hereof as fully and effectually as if copied herein at full length; and also, that said party of the first part hereby further covenants and agrees to improve that part of Hancock Street, from Morgan Street to Hamilton Street on both sides of said Street, in said Town, for the sum of sixty five (65c) per lineal foot, on each side of said improvement, complete, according to the terms and conditions of Improvement Resolution No. 3, (1905), adopted by the Board of Trustees of said Town, and the plans, profile, and specifications on file in the office of the Town Clerk of said Town, which said resolution, and said plans, profile, and specifications are made a part hereof as fully and effectually as if copied herein at full length.

The party of the first part further contracts and agrees that the prosecution of said work all proper skill and care will be exercised that said party of the first part will properly and fully guard and protect all excavations or dangerous places, and will use all duly and proper precautions to prevent injury to any property, person or persons, what or whomsoever; that, for and during the time of the making of such improvement, and the period for which the same is to be maintained and kept in repair by the party of the first part, said Town of Broad Ripple shall be saved harmless from all and any liabilities whatsoever growing out of any injury or damage to property or persons because of neglect or fault of the said party of the first part, its agents or employees, in the execution of this contract, or any matter connected therewith, or related thereto, and to pay any judgment, with costs, which may be obtained against said town, growing out of any such injury or damage.

It is mutually understood and agreed that the said second party shall be liable to said first party for the contact price of such improvements. Whether represented by bonds or assessment, to the extent of the moneys actually received by said Town from assessments or bonds growing out of such improvements, and for no more.

The said party of the second part contracts and agrees, that if any of the property owners on said street elect to pay said assessments in ten equal annual installments, as provided by said act, it will make and issue to said first party improvement bonds, bearing interest at the rate of five (5%) per cent per annum, covering such deferred payments. Said work shall be completed according to the terms of this contract on or before the first day of July 1906, unless said time be extended, in writing, by the Board of Trustees of said Town. If the said party of the first part fails or neglects to commence said work on or before the time mentioned, said Board of Trustees may declare this contract null and void and re-let the same, and in the event said first party or the sureties to this contract fail or neglect to prosecute said work with such vigor, as, in the opinion of the Board of Trustees, will complete the same within the time above fixed and fail to increase the force employed on said work, on notice from said Board, then said Board may declare said contract null and void, and adjudge the same to have been abandoned and forfeited, and may re-let or require said sureties to complete the same, as said board shall elect; and said first party and sureties hereto shall be liable for all damages that may accrue by said failure to perform said work according to this contract, and shall be entitled to recover nothing from said town or the property owners along said improvement, for work already performed, or materials used, and such materials shall be retained by and belong to said town. Said first party further contracts and agrees to pay any an all moneys due to any contractor, person or persons furnishing any material by contract for said work, and to pay any laborers employed by said party of the first part, for any work done in the prosecution of such improvement, It is hereby expressly understood that no assignment of this contract shall be made to any party without the consent of said Board of Trustees of said Town in writing.

It is further agreed that the said town shall not be liable to said first party or assigns, for any delay or loss in the payment of assessments or interest thereon by the property owners who fail or refuse to sign a waiver availing themselves of the ten year installment plan of payment as provided by law or for attorneys' fees; and that, although suits for the collection of such assessments may be brought in the name of said party of the second part, said Town shall not be, or be held liable for the costs or expenses of such suits, or for any failure to recover the amount or amounts therein claimed to be due.

It is further provided and stipulated that the party of the first Part shall give to residents of said town and county p______ employment of all labor necessary in the performance and performing of this contract, and failing to do so, shall forfeit to said town the sum of ten dollars for each failure to observe this stipulation.

The said party of the first part hereby agrees to maintain and keep the same in good repair to the satisfaction of said party of the second part, for a period of five (5) years from the date of the approval of the final assessment roll therefor, without cost to said town of Broad Ripple, or property owners assessed for the cost of the same, excepting in case of flood or other causes, not resulting from defective materials or poor workmanship.

To each of the conditions and stipulations of this contract, the undersigned, each for itself, binds itself, its successors and assigns.

IN TESTIMONY WHEREOF, We, the foregoing named parties hereunto set our hands this 11th day of February, 1905

{signed}

Elam J. Jeffries

Contractor, Party of the First Part

For the Town of Broad Ripple

This contract and bond approved by us this ___ Day of February, 1905.

{signed}

DW Harcourt

Joseph W Bates

HC Gresh

Board of Trustees of the Town of Broad Ripple, Marion County, Indiana, party second part.

Attest:

{signed}

John O Brennemen

Town Clerk