CHAPTER 39. BARRETT LAW FUNDING FOR MUNICIPAL SEWERS
IC 36-9-39
Chapter 39. Barrett Law Funding for Municipal Sewers
IC 36-9-39-1
Application of chapter
Sec. 1. This chapter applies to all municipalities.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-1.3
"Construction" defined
Sec. 1.3. As used in this chapter, "construction" includes repair,remodeling, renovation, or betterment, but only in instances when:
(1) a municipality acquires a sewage works that is in need ofrepair, remodeling, renovation, or betterment; and
(2) before the acquisition of the sewage works, the municipalitywas not responsible for the maintenance of the sewage works.
As added by P.L.1-1994, SEC.184.
IC 36-9-39-2
Transfer of powers and duties of municipal works board to utility serviceboard; authorization
Sec. 2. If a municipality has a utility service board that operatesat least one (1) municipally owned utility, the municipal legislativebody may by ordinance transfer the powers and duties of themunicipal works board under this chapter to the utility service board.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-3
Adoption of resolution; contents
Sec. 3. (a) The municipal works board shall adopt a resolutioncontaining the information required under subsection (b) if:
(1) the municipal works board orders the construction of anysewage works in the municipality; and
(2) the cost of that construction is to be assessed againstproperty under this chapter.
(b) A resolution adopted under subsection (a) must include all ofthe following:
(1) A description of the works to be constructed.
(2) Full detail drawings and specifications for the works.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-4
Notice of resolution and hearing; cost estimate
Sec. 4. (a) Notice of the resolution required under section 3 of thischapter shall be published in accordance with IC 5-3-1. The noticemust state the date, time, and place of a hearing at which themunicipal works board will hear all interested persons, includingpersons whose property is affected or will be affected by theproposed sewage works, on the question of whether the specialbenefits that will accrue to the property to be assessed will be equal
to the estimated cost of the works.
(b) On or before the date specified in the notice, the engineer shallfile with the works board the engineer's estimate of the total cost ofthe work, including any amount determined under IC 36-9-22-5.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-5
Conduct of hearing; findings
Sec. 5. (a) At the hearing specified in the notice given undersection 4 of this chapter, the municipal works board shall hear allinterested persons on the question of special benefits and on anyother matter related to the proposed sewage works.
(b) If after the hearing the works board finds that the specialbenefits accruing to the abutting property are equal to the estimatedcost of the sewage works, the finding shall be entered of record. Thefinding is final and conclusive on all parties.
(c) If after the hearing the works board finds that the specialbenefits accruing to the abutting property are not equal to theestimated cost of the sewage works, the works board may notproceed with the construction of the sewage works under anyresolution for one (1) year. However, the works board may proceedwith the sewage works if the works board finds that the municipalityis benefited in an amount sufficient to cover the deficiency.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-6
Confirmation or modification of resolution; subsequent proceedingsunder alternative sections depending on nature of sewage works
Sec. 6. (a) After the hearing under section 5 of this chapter, theoriginal resolution may be rescinded, confirmed, or modified.
(b) If the resolution is confirmed or modified, the municipalworks board shall do the following:
(1) Proceed under section 7 of this chapter if the resolution isfor sewage works intended only for use by owners of abuttingproperty.
(2) Proceed under section 8 of this chapter if the resolution isfor sewage works intended to receive sewage from collateraldrains.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-7
Sewage works for use by owners of abutting property; biddingprocedure
Sec. 7. If the proposed sewage works are intended only for use byowners of abutting property, the municipal works board shall inaccordance with IC 5-3-1 publish a notice that does the following:
(1) Informs the public and contractors of the following:
(A) The general nature of the works.
(B) The fact that drawings and specifications of the worksare on file in the office of the works board. (2) Requests sealed proposals for the works by a specified date.
(3) Specifies the date the proposals shall be opened andconsidered.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-8
Sewage works adapted for receiving sewage from collateral sewers;map, profiles, drawings, and specifications; filing
Sec. 8. (a) The municipal works board shall prepare theinformation described in subsection (b) if, from the size andcharacter of the proposed sewage works, the proposed sewage worksare intended and adapted as follows:
(1) For use by owners of abutting property along the line of theworks.
(2) For receiving sewage from collateral sewers that have beenor may be constructed.
(b) If the conditions of subsection (a) are satisfied, the municipalworks board shall prepare the following:
(1) A map showing the following:
(A) The exact course of the proposed works.
(B) Any appurtenances and branches of the works.
(C) The boundary lines of the district to be beneficiallyaffected by and assessed for the construction of the works.
(2) All necessary profiles, drawings, and specifications for theworks.
(c) The map, profiles, drawings, and specifications prepared undersubsection (b) shall be placed on file in the office of the works board.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-9
Sewage works adapted for receiving sewage from collateral sewers;resolution; notice
Sec. 9. (a) After the material prepared under section 8 of thischapter is filed, the municipal works board shall do the following:
(1) Adopt a resolution ordering the construction of the sewageworks.
(2) Publish a notice of the adoption of the resolution, inaccordance with IC 5-3-1.
(b) The resolution and notice must describe the following:
(1) The general character of the sewage works.
(2) The termini and general course of the sewage works.
(3) The boundary lines of the district or area to be drained byand assessed for the sewage works.
(c) The notice must state the date, time, and place of a hearing atwhich the board will do the following:
(1) Receive and hear remonstrances from persons interested inor affected by the construction of the works.
(2) Hear and determine the following questions:
(A) Whether the district is properly bounded for the purposeof the drainage. (B) Whether other territory not included in the boundariesshould be added to the district.
(C) Whether any of the territory included should be excludedfrom the district.
(D) Whether the special benefits accruing to the land withinthe district and to the municipality from the proposedimprovement will be equal to the estimated cost of theimprovement.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-10
Sewage works adapted for receiving sewage from collateral sewers;estimate of costs; hearing
Sec. 10. (a) On or before the day the notice is first publishedunder section 9 of this chapter, the engineer shall file with themunicipal works board the engineer's estimate of the total cost of thesewage works. A contract that exceeds this estimate may not be letunder the resolution.
(b) At the hearing specified in the notice, the works board shallhear and receive evidence on the questions listed in section 9(c) ofthis chapter from all persons owning property within the district whoappear before the board.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-11
Sewage works adapted for receiving sewage from collateral sewers;hearing; findings
Sec. 11. (a) If after a hearing under section 10 of this chapter themunicipal works board finds that:
(1) the district to be drained is properly bounded; and
(2) the special benefits to the property within the district and tothe municipality will be equal to the estimated cost of thesewage works;
the findings shall be entered of record and the resolution shall beconfirmed or modified. The findings of the works board under thissubsection are final and conclusive as to all parties.
(b) If after the hearing under section 10 of this chapter the worksboard finds that the benefits will not equal the estimated cost, theboard may not proceed with the construction of the sewage worksunder the resolution.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-12
Sewage works adapted for receiving sewage from collateral sewers;enlargement of district; resolution; notice; hearing
Sec. 12. (a) If after a hearing under section 10 of this chapter themunicipal works board finds that the district described in theresolution and notice should be enlarged by adding to the districtother lots and lands that, at the hearing, were shown to be benefitedby the sewage works, the board may do the following: (1) Adopt a supplementary resolution reciting this finding.
(2) Proceed under that supplementary resolution.
(b) The works board shall give notice to the property owners inthe added territory by publishing in accordance with IC 5-3-1 anotice that does the following:
(1) Describes the proposed works.
(2) Sets forth the boundaries of the original district.
(3) Describes the boundaries of the territory proposed to beadded.
(4) Fixes a date when the owners of property in the addedterritory may be heard on the question of whether the newterritory or any part of the new territory should be incorporatedinto the original district.
(c) At the hearing specified in the notice, any of the owners of thelots or lands situated in the territory proposed to be added to thedistrict may appear before and be heard by the works board on thequestion of whether the territory should be added. The decision ofthe works board is final and conclusive as to all parties in theterritory.
(d) If the original resolution is confirmed or modified, the worksboard shall do the following:
(1) Proceed to advertise for proposals.
(2) Open and consider the proposals in the same manner asother proposals under this chapter.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-13
Payment of costs; appropriations; assessments; contracts
Sec. 13. (a) The municipal legislative body may by ordinanceappropriate money from the general fund or from the sanitary districtfunds of the municipality to pay all or part of the cost of constructingsewage works under this chapter.
(b) Any costs not paid by appropriation shall be paid by at leastone (1) of the following:
(1) By assessment under sections 15 through 27 of this chapter.
(2) By contract under IC 36-9-22.
(c) A second class city may not make an appropriation under thissection unless the following conditions exist:
(1) The city works board makes a request for the appropriationto the city fiscal officer.
(2) The city fiscal officer prepares and submits to the citylegislative body an ordinance for the appropriation.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-14
Payment of costs; application of statutes concerning public bond issues,construction, appropriations, and tax levies
Sec. 14. Construction of sewage works from a municipal generalfund must comply with the statutes concerning public bond issues,construction, appropriations, and tax levies.As added by P.L.98-1993, SEC.10.
IC 36-9-39-15
Sewage works for use by property owners along street, alley, or otherpublic place; requirements
Sec. 15. (a) The requirements listed in subsection (b) apply onlyif the municipal works board finds that the sewage works to beconstructed:
(1) are intended and adapted only for local use by propertyowners along the line of the street, alley, or other public placeon which the sewage works are constructed; and
(2) are not intended or adapted for receiving sewage fromcollateral sewers.
(b) The following requirements apply to the sewage works if theconditions of subsection (a) are satisfied:
(1) The abutting lots, parcels, and tracts of land shall beassessed primarily for the cost of the sewage works.
(2) The cost of the sewage works shall be primarily estimatedaccording to the total number of lots abutting on the line of theworks and served by the sewage works.
(3) The costs shall be primarily apportioned equally among allabutting lands or lots. However, adjustments shall be made asprovided by section 16 of this chapter.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-16
Sewage works for use by property owners along street, alley, or otherpublic place; assessments; computation
Sec. 16. (a) The primary assessment for each lot abutting on andserved by the sewage works shall be determined by dividing theestimated total cost of the sewage works by the total number of lots.
(b) The total number of lots shall be computed as follows:
(1) If all or any part of the sewage works is located within anarea platted or to be platted, each lot abutting on and served bythe sewage works as shown in the plat shall be included in thetotal number of lots.
(2) If all or any part of the sewage works is located within anarea that:
(A) is unplatted;
(B) contains a residence on each parcel of land; and
(C) is subject to zoning restrictions that prevent an increasein the number of residences;
each parcel of land that is abutting on or served by the sewageworks and that contains a residence shall be included in thetotal number of lots as if the parcel was a platted lot.
(3) Except as provided in subdivision (2), if all or any part ofthe sewage works is located in an unplatted area, the number oflots to be included in the total number of lots shall bedetermined by dividing:
(A) the total front footage of the property abutting on and
served by the sewage works within the unplatted area oneither or both sides of the street, alley, or right-of-way inwhich the sewage works are located; by
(B) one hundred twenty-five (125) feet.
The result determined under clauses (A) and (B) shall berounded to the nearest whole number.
(4) The front footage of property may not be used to determinethe number of lots included in an unplatted area if the frontfootage:
(A) is not available for future development; or
(B) is restricted against usage because of:
(i) limited access; or
(ii) any other reasons.
(5) The total number of lots for a particular sewage works is thesum of the number of platted and unplatted lots as determinedunder subdivisions (1) through (4).
As added by P.L.98-1993, SEC.10.
IC 36-9-39-17
Sewage works for use by property owners along street, alley, or otherpublic place; property abutting on two streets or one street and onealley; assessments; computation
Sec. 17. (a) If a platted lot or parcel of land:
(1) abuts on:
(A) at least two (2) streets or alleys; or
(B) one (1) street and one (1) alley; and
(2) has already been assessed for sewage works constructed forlocal use in any street or alley;
the works board shall take the previous assessment into account inmaking a subsequent assessment against the land under this sectionand sections 15 through 16 of this chapter.
(b) If the works board finds that:
(1) a lot, parcel, or tract of land included in a district,subdistrict, or zone cannot be reasonably connected with orserved by the sewage works either directly or by collateralbranches or extensions;
(2) the sewage works does not confer benefit on the property;or
(3) the benefit that may be conferred by the sewage works isless than the amount computed in the manner provided in thissection and sections 15 through 16 of this chapter;
the works board may enter upon the primary assessment roll theactual amount, if any, found by the works board as the special benefitto the property.
(c) An amount credited, eliminated, or reduced shall be primarilyapportioned over all the other property assessable for the sewageworks, as the works board may find the other property to bebenefited in addition to the amounts estimated and apportioned undersection 16 of this chapter. If all of the amounts credited, eliminated,or reduced are not reapportioned upon the other property, a
deficiency shall be assessed against the municipality.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-18
Sewage works adapted for receiving sewage from collateral sewers;assessments
Sec. 18. (a) The municipal works board shall make a division ofthe costs of the sewage works under subsection (b) if the municipalworks board finds that a sewage works to be constructed or anenlargement of sewage works already constructed, is intended andadapted for the following:
(1) Use by abutting property owners along the line of the works.
(2) Receiving sewage from collateral sewers that have been ormay be constructed.
(b) If the conditions of subsection (a) are satisfied, the worksboard shall make a division of the costs of the sewage works in thefollowing manner:
(1) That part of the cost that is equivalent to the cost ofconstruction of adequate local sewage works not adapted toreceive sewage from collateral sewers shall be primarilyassessed against the abutting property owners. The assessmentshall be in the same manner and to the same extent asassessments are primarily made against property owners forlocal sewage works under sections 15 through 17 of thischapter.
(2) The excess of cost above the cost described in subdivision(1) shall be primarily assessed against each lot or parcel of landin the district to be drained. The assessment shall be in theproportion that the area of each lot or parcel bears to the totalarea of the district, including abutting property owners and theowners not situated on the line of the works.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-19
Sewage works adapted for receiving sewage from collateral sewers;assessments; hearing; review
Sec. 19. All primary or preliminary assessments made undersection 18 of this chapter are subject to review and revision by theworks board after a hearing under section 23 of this chapter.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-20
Assessments; inclusion of amount determined under IC 36-9-22-5
Sec. 20. An assessment made under sections 15 through 19 of thischapter must include any amount determined under IC 36-9-22-5.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-21
Assessment roll; formulation; contents
Sec. 21. (a) After the contract for the construction of sewage
works has been completed, the municipal works board shall make outan assessment roll for the property that is primarily assessed for thesewage works.
(b) The assessment roll prepared under subsection (a) mustinclude the following:
(1) The name of the owner of each lot or parcel of land.
(2) A description of each lot or parcel of land.
(3) The total primary assessment against each lot or parcel ofland, as determined under sections 15 through 19 of thischapter. The amount of the total primary assessment shall belisted opposite each name and description.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-22
Assessment roll; finality of primary or preliminary assessments; noticeof works, assessment roll, and hearing on assessments
Sec. 22. (a) The primary or preliminary assessments indicated onthe assessment roll are considered the special benefits accruing to theland assessed and are final and absolute unless changed undersections 23 and 24 of this chapter.
(b) Immediately after the assessment roll is completed and filed,the municipal works board shall publish a notice in accordance withIC 5-3-1. The notice must do the following:
(1) Describe the general character of the sewage works.
(2) Describe the street, alley, or other public place on or inwhich the sewage works have been constructed.
(3) Describe the terminals of the sewage works.
(4) If the sewage works are intended to serve a district, describethe boundaries of the district benefited and to be assessed.
(5) State that the assessment roll, with:
(A) the names of the owners;
(B) descriptions of property to be assessed; and
(C) amounts of the preliminary or primary assessments;
is on file and may be inspected in the office of the works board.
(6) Establish the date and time for a hearing at which the worksboard will, at the works board's office, do the following:
(A) Receive and hear remonstrances against the amountsassessed on the assessment roll.
(B) Determine whether the lots and parcels of land havebeen or will be specially benefited by the sewage works inthe amounts listed on the assessment roll.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-23
Hearing on assessments; findings; modification of preliminary orprimary assessments
Sec. 23. (a) At the hearing fixed under section 22 of this chapter,owners of assessed property may appear before the municipal worksboard and file remonstrances against the assessments. The worksboard may continue proceedings from day to day, as necessary to
hear the evidence concerning the assessments.
(b) The works board shall determine at the hearing whether theseveral lots and parcels of land primarily assessed are speciallybenefited in the amounts respectively assessed against the lots andparcels of land in the preliminary or primary assessment.
(c) The works board shall sustain or modify, in whole or in part,the preliminary assessment as indicated on the assessment roll, byconfirming, increasing, or reducing the preliminary or primaryassessment against all or part of the property described in theassessment roll. The decision of the works board must be based onthe works board's findings concerning the special benefits receivedon account of the sewage works.
(d) The works board shall also determine at the hearing what part,if any, of the benefits resulting from the sewage works accrue to themunicipality and shall be assessed against the municipality on theassessment roll.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-24
Hearing on assessments; modification of assessment roll; delivery tofiscal officer
Sec. 24. The works board shall do the following:
(1) Complete the assessment roll and make a decision bymodifying or confirming the assessment roll.
(2) Show the amount of special benefits opposite each name anddescription. The works board shall show the amount of specialbenefit against the municipality if the works board finds that themunicipality is specially benefited.
(3) Deliver the completed assessment roll to the municipalfiscal officer.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-25
Hearing on assessments; finality of decision; appeals; effect ofdefective procedures
Sec. 25. (a) Except as provided in subsection (b), the decision ofthe works board concerning all benefits is final and conclusive on allparties.
(b) An owner of an assessed lot or parcel of land who has filed awritten remonstrance with the board may appeal in the mannerprescribed by IC 34-13-6. The appeal does not delay the delivery ofthe assessment roll to the municipal fiscal officer and does not affectthe rights of any other property owner.
(c) If an assessment is reduced on appeal, the works board shallcertify the correction to the municipal fiscal officer. The municipalfiscal officer shall then enter the proper amount of the assessment onthe roll.
(d) The following applies if there is a defect in the assessmentproceedings with respect to at least one (1) interested person:
(1) The defect affects the proceedings only to the extent that the
defect affects the interest or property of the person or persons.
(2) Supplementary proceedings of the same general character asthose described by this chapter may be had to correct or supplythe defect.
As added by P.L.98-1993, SEC.10. Amended by P.L.1-1998,SEC.219.
IC 36-9-39-26
Duties of fiscal officer
Sec. 26. When the assessment roll has been delivered to themunicipal fiscal officer, the municipal fiscal officer shall dischargethe same duties in respect to the assessments as are prescribed by thestatutes concerning street, alley, and other improvement assessmentsin the municipality.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-27
Assessments against municipality; payment; property not liable forassessments; subrogation rights of municipality
Sec. 27. (a) The municipal works board shall pay assessmentsmade against the municipality under section 23(d) of this chapterfrom money appropriated to the use of the municipal works board forthat purpose. The payment shall be made upon the completion andacceptance of the sewage works.
(b) Unless an ordinance expressly appropriates a greater amountfor the specific sewage works, a payment under subsection (a) islimited to the following:
(1) Not more than five thousand dollars ($5,000) in a city.
(2) Not more than five hundred dollars ($500) in a town.
(c) The municipality shall also pay the part of the cost of thesewage works that would be assessable against property not liable forassessment if the property was liable for assessment. The paymentshall be made from the municipal general fund upon the completionand acceptance of the sewage works.
(d) A municipality that pays assessments under this section issubrogated to the rights and remedies of the contractor constructingthe sewage works.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-28
Enforcement of assessments and bonds; statutes applicable
Sec. 28. (a) The statutes described in subsection (b) apply to theenforcement of assessments made and bonds issued for theconstruction of sewage works or levees for the following:
(1) The drainage of a parcel, lot, or tract of land.
(2) A change in a stream or watercourse.
(b) Statutes concerning the following are subject to subsection (a):
(1) Liens for street, alley, and other improvements.
(2) The payment of street, alley, and other improvementassessments by installments. (3) The interest rates on the assessments.
(4) The deposit of the proceeds of the assessments into aseparate special fund for a particular improvement.
(5) The application of the proceeds of the assessments under aseparate special fund for a particular improvement.
(6) The issuance, sale, and redemption of bonds to anticipatethe assessments.
(7) The duties of the municipal fiscal officer.
(8) The enforcement of assessment liens for street, alley, andother improvements.
(9) Actions foreclosing liens, attorney's fees in thoseforeclosure actions, and the procedure in those foreclosureactions.
(10) The conduct of sales by the sheriff under any decree offoreclosure issued in a foreclosure action.
(11) The execution of certificates and deeds.
(12) All matters of a similar nature regarding any of thefollowing:
(A) The enforcement and collection of assessments forstreet, alley, and other improvements.
(B) The rights of contractors, assignees, and bondholdersunder the assessments.
As added by P.L.98-1993, SEC.10.
IC 36-9-39-29
Contractors; submission of monthly estimates of work done; issuanceof certificates in payment; negotiability; interest; retainage
Sec. 29. (a) A contractor for construction under this chapter isentitled to monthly estimates of the work done during each month.The estimates shall be made by the engineer and approved by themunicipal works board.
(b) The works board shall issue to the contractor certificates forsixty-five percent (65%) of the amount shown by the estimates to bedue to the contractor. The contractor is entitled to receive theamounts named in the certificates in cash or sewer improvementbonds to be collected or issued by the municipality, as is provided forin the construction of street, alley, and other improvements.
(c) Certificates issued under this section (or under IC 36-9-21before its repeal in 1993) are negotiable instruments.
(d) Interest on the certificates is payable out of the contract priceand the special fund collected from the special assessments againstthe benefited property.
(e) If the municipality in issuing a contract for construction hasrequired and obtained performance and payment bonds covering onehundred percent (100%) of the cost of construction, retainage shallbe withheld as follows:
(1) This subdivision applies until the public work is fiftypercent (50%) complete. The works board shall, on approval ofcontractor monthly payment estimates, issue to the contractorcertificates for ninety percent (90%) of the amount shown to be
due to the contractor.
(2) This subdivision applies after the public work is fiftypercent (50%) complete. If the works board determines that thecontractor is being responsive and responsible in carrying outthe construction, the works board may, on approval ofcontractor monthly payment estimates, issue to the contractorcertificates for one hundred percent (100%) of the amountshown to be due to the contractor.
As added by P.L.98-1993, SEC.10. Amended by P.L.1-1994,SEC.183.
IC 36-9-39-30
Sewage works through cemeteries; purchase or condemnation ofrights-of-way; assessments prohibited; removal of bodies; record
Sec. 30. (a) Except as provided in subsection (b), if the municipalworks board finds it necessary to extend any sewage works throughor adjacent to a lot or parcel of land held or used for cemeterypurposes, the municipality may purchase or condemn allrights-of-way necessary for the extension.
(b) A lot or parcel of land held or used for cemetery purposes maynot be assessed for the construction of the sewage works. The cost ofthe sewage works that would otherwise be assessable against the lotor parcel of land shall be assessed against and paid by themunicipality.
(c) If the municipality acquires a right-of-way under this sectionby condemnation, an owner of property or valuable interests soughtto be taken or to be injuriously affected who is unknown may bedesignated as unknown upon the list required by the statutegoverning municipal condemnation proceedings and in allsubsequent steps in the proceedings, including notice by publication.
(d) If a body remains buried within the limits of a right-of-wayacquired under this section, the friends or relatives of the decedentshall promptly remove the body. If the friends or relatives fail toremove the body, the works board shall have the body removed anddecently buried in a public cemetery before proceeding withconstruction in the right-of-way. The works board shall do thefollowing:
(1) Plainly mark in an appropriate manner the place of burialand the names of the persons buried, if known.
(2) Enter the place of burial in the records of the works board.
As added by P.L.98-1993, SEC.10.