IC 8-4-7
Chapter 7. Incorporation of Union Railway Companies
IC 8-4-7-1 Authority for formation
Sec. 1. Where two (2) or more railroad companies own or operate
railroads extending into, through or near the same city or town, such
companies, or any two (2) or more of them, may form a union
railway corporation, according to the provisions hereinafter
contained. (Formerly: Acts 1885, c.20, s.1.)
IC 8-4-7-2 Capitalization; certificate of incorporation
Sec. 2. The railroad companies uniting in the formation of such
corporation are designated as proprietary companies, and shall make
a certificate of incorporation, in which they shall specify the name of
the company to be incorporated thereunder, the amount of the capital
stock of such company, the number and the par value of the shares
into which it shall be divided, the aggregate amount of the par value
of the shares of each proprietary company, the county or counties in
which said union railway shall be situated, with the name of the town
or city within or near which said union railway is to be constructed. (Formerly: Acts 1885, c.20, s.2.)
IC 8-4-7-3 Certificate of incorporation; powers and duties
Sec. 3. Such certificate of incorporation shall be signed by the
president or vice president and attested by the secretary of each of
said proprietary companies, and shall be sealed with its corporate
seal, and shall be acknowledged by the respective companies by their
said officers, before some person authorized to take and certify the
acknowledgments of conveyances of real estate, and shall be filed
and recorded in the recorder's office of the county or counties in
which said union railway company may be situated; and upon the
filing of such certificate as aforesaid, the union company so formed
shall be a corporation of this state, with all the powers incident
thereto, and such other powers as are conferred by this chapter. (Formerly: Acts 1885, c.20, s.3.) As amended by P.L.62-1984,
SEC.49.
IC 8-4-7-4 Directors; numbers; acquisition of property
Sec. 4. The board of directors of any such union company shall
consist of not less than one (1) representative for each of the
proprietary companies to be selected by the respective companies
which they are to represent: Provided, That the board may increase
the number of directors by fixing the additional equal number of
representatives to be selected for each proprietary company, and any
successor in interest to one or more original proprietary companies
shall be entitled to select the number of representatives so provided
for each such company. And such board of directors shall have
power to construct, maintain and operate such union railroad, to
regulate the use of its depots, stations, structures, appliances and
facilities, and to regulate the time and manner in which engines, cars
and other rolling stock shall pass or be hauled over its tracks, and the
tolls, charges or compensation to be paid therefor. (Formerly: Acts 1885, c.20, s.4; Acts 1959, c.28, s.1.)
IC 8-4-7-5 Stock certificates; proprietary companies
Sec. 5. The interest of each proprietary company in the union
company in its capital stock and in its property and effects of every
kind shall be deemed an appurtenance to the railroad of such
proprietary company, and shall not be transferable or alienable
otherwise than with and as a part of the railroad of such proprietary
company. The union company shall issue to each proprietary
company a certificate or certificates setting forth the interest or stock
of such proprietary company in such union company, but such
certificate shall express upon its face that it is not transferable,
except as appurtenant to the railroad of such proprietary company. (Formerly: Acts 1885, c.20, s.5.)
IC 8-4-7-6 Belt railroad; operation
Sec. 6. Any such union railway company may, as owner or lessee
thereof, operate any belt railroad extending around, or partly around,
the town or city in or near which such union railway may be situated,
the track of which belt road connects with the track of said union
railway company, or with the track of any of its proprietary
companies, to the end that such town or city may be relieved, as far
as practicable, of the passage through it of through freight cars and
through freight trains. (Formerly: Acts 1885, c.20, s.6.)
IC 8-4-7-7 Acquisition of property; eminent domain
Sec. 7. Any such union railway company may erect, construct,
rebuild and replace, in connection with its tracks, union depots, car
sheds and such other structures and appliances as the company may
deem necessary to facilitate the transaction of its business, and the
business of its proprietary companies and of other railroad
companies whose tracks may connect therewith, and which may
acquire from such union railway company the right to use said union
tracks and their appliances. And such union company shall also have
power to locate, construct, rebuild, keep up, change and repair such
union railroad and its tracks, side-tracks, switches, depots, sheds and
other structures and appliances, and to take conveyances and releases
in fee simple or otherwise of rights of way and of such real estate as
it may deem necessary for the purposes aforesaid, and may condemn,
in fee simple or otherwise, so much real estate and such rights of way
as it may deem necessary for the purposes aforesaid, or any of them;
also, to construct, own, maintain and operate union passenger
stations, local freight stations, transfer and connecting tracks,
between the property of such union company and property and tracks
of other railroad companies. (Formerly: Acts 1885, c.20, s.7.)
IC 8-4-7-8 Eminent domain; application of law
Sec. 8. The condemnations authorized in section 7 of this chapter
may be made according to:
(1) the provisions of the charter of any or either of the
proprietary companies;
(2) the general railroad law of Indiana in effect at the time that
provides for the condemnation of real estate for railroad
purposes; or
(3) IC 32-24-1. (Formerly: Acts 1885, c.20, s.8.) As amended by P.L.62-1984,
SEC.50; P.L.2-2002, SEC.41.
IC 8-4-7-9 Financing of operation; loans and bond issues
Sec. 9. Any such union railway company shall have power to
borrow money for the purpose of raising means to carry out the
powers conferred by this chapter, and may issue coupon or other
bonds payable to bearer, bearing interest not exceeding the highest
contract rate of interest which may be allowable in this state at the
time, such interest to be payable semiannually, and such company
may also mortgage its franchises, property, and revenues of every
kind then owned or subsequently to be acquired to secure the
payment of such loan and interest or of such bonds and interest. (Formerly: Acts 1885, c.20, s.9.) As amended by P.L.62-1984,
SEC.51.
IC 8-4-7-10 Vacation of street or alley
Sec. 10. (a) If any union railway company in carrying out the
powers granted by this chapter considers it necessary that any part of
a street, avenue, or alley in a town or city in which the union railway
is situated should be vacated, it is lawful for the executive and
legislative body of the town, or the legislative body of the city, as the
case may be, to vacate any part of any street, avenue, or alley of the
town or city for the purposes of this chapter.
(b) As a basis of the vacation, the union railway company shall
present to and file with the proper municipal body or bodies of the
town or city its petition, setting forth a description of the part of the
street, avenue, or alley proposed to be vacated, and the purpose for
which the ground is proposed to be used. There must be appended to
the petition, as a part of the basis of the vacation, the written consent
to the granting of the prayer of such petition of the owners in fee
simple of more than one-half (1/2) of the real estate fronting on both
sides of the street or alley, which, or part of which, is proposed to be
vacated, estimated by the frontage in feet upon the street or alley,
commencing at a line drawn across the street or alley equidistant
from the termini of that portion of the street or alley proposed to be
vacated, and extending along the street or alley from the line one
thousand five hundred (1,500) feet in each direction, unless the
street, avenue, or alley is not continuous in either direction from the
line one thousand five hundred (1,500) feet, in which case, the
consent of owners shall only be required for the distance that it is
continuous.
(c) Before granting the prayer of the petition, the municipal body
or bodies shall ascertain and determine that the consent of the owners
of the requisite number of front feet has been obtained and the
finding shall be made a matter of record, and is conclusive of the
facts so found in all collateral proceedings.
(d) Before the petition is presented, twenty (20) days notice shall
be given by the union railway company, by publication, by three (3)
insertions in two (2) newspapers of general circulation printed and
published in the town or city in which the union railway may be
situated, setting forth that on a day, to be therein named, or at the
next meeting thereafter of the municipal body or bodies, a petition
for the vacation of the portion of the street or alley in question,
describing it, will be presented to the municipal body or bodies for
action. (Formerly: Acts 1885, c.20, s.10.) As amended by P.L.62-1984,
SEC.52; P.L.8-1989, SEC.50.
IC 8-4-7-11 Joint use of facilities and equipment
Sec. 11. Any such union railway company may, by agreement in
writing with any railroad company not being one of said proprietary
companies, and owning or operating a railroad which extends to,
into, through or near the town or city in or near which such union
railroad is or may be situated, admit said last-mentioned railroad
company to such use of the tracks, side-tracks, switches, depots,
depot grounds, yards, sheds and other structures or railroad facilities
and appliances (including the use of its belt railroad and belt railroad
facilities, if any) during such time, on such terms and conditions, and
for such compensation or rent as may be agreed upon. The right of
any associate company to continue in the use and enjoyment of the
property and facilities of the union company may be made to depend
upon the faithful performance of such terms and conditions by such
associate company as may be inserted in said agreement. The
companies which may be so admitted are herein designated as
associate companies: Provided, That no such associate company shall
be admitted to the use of the property and facilities of such union
railway company except upon the unanimous vote of the directors of
such union company.
(Formerly: Acts 1885, c.20, s.11.)
IC 8-4-7-12 Directors, officers, and employees
Sec. 12. The board of directors of any such union railway
company shall annually elect a president, a vice-president, a
secretary and a treasurer, who shall serve for one (1) year, and until
their successors are elected. Any general officer of either of the
proprietary companies shall be eligible as president. The
vice-president, secretary and treasurer need not necessarily be an
officer of one of said proprietary companies. (Formerly: Acts 1885, c.20, s.12.)
IC 8-4-7-13 Board of managers; associate companies
Sec. 13. It shall be competent for the board of directors of such
union railway company to organize a board of managers, to consist
of a representative from each proprietary company, as well as a
representative from each associate company previously admitted,
such representatives to be selected by the respective companies
which they are to represent, and the president of the union railway
company shall be ex officio president of such board. As associate
companies are from time to time admitted to the use of the union
railway property and facilities, as aforesaid, they shall each become
entitled to have a representative on said board of managers; but after
such board of managers shall have been organized, other associate
companies shall only be admitted as aforesaid with the unanimous
consent of all the members of such board of managers. (Formerly: Acts 1885, c.20, s.13.)
IC 8-4-7-14 Associate companies; board of managers; delegation of powers and
duties
Sec. 14. It shall be competent for the board of directors of such
union railway company, in the agreement by which any associate
company or companies may be admitted as aforesaid, to delegate to
such board of managers such and so much of the authority, power
and jurisdiction of such board of directors as may be agreed upon,
subject, however, to the rights of the proprietary companies and of
the union railway company as defined in the agreements under which
associate companies may have been or may be admitted; subject to
these rights, the powers so delegated to said board of managers shall
be exercised by said board of managers, and shall continue so long
as the said associate companies, or any or either of them, shall
continue to be entitled to use the property and facilities of such union
railway company. (Formerly: Acts 1885, c.20, s.14.)
IC 8-4-7-15 Contracts; tort liability
Sec. 15. Every such union railway company shall be primarily
liable to the public and to third persons on its contracts and for its
torts, but it shall be competent, as between themselves, for such
proprietary companies, such associate companies, and said union
railway company, to agree among themselves that the ultimate
liability for damages for any class of injuries to persons or property
shall fall upon one (1) or more of said companies, and such
agreement as to such ultimate liability may be enforced as between
the companies parties to such agreement: Provided, however, That
nothing herein contained shall prevent any person suing for an injury
to persons or property from joining as defendants any or all of said
companies if the facts would have justified such joinder if this
section had never been passed. (Formerly: Acts 1885, c.20, s.15.)
IC 8-4-7-16 Acceptance of provisions of chapter; certificate; filing
Sec. 16. Any union railway company organized prior to March 2,
1885, under the provisions of Acts 1852, 1RS, c.84 may adopt the
provisions of this chapter by filing a written statement setting forth
its acceptance of the provisions of this chapter, which written
statement shall be signed by the president and attested by the
secretary of each proprietary company, under its corporate seal, and
shall be acknowledged by the parties thereto before some officer
authorized to take acknowledgments of conveyances of real estate,
which writing shall be filed and recorded in the office of the recorder
of the county or counties in which such union railway may be
situated, and, from time of such filing, such union railway company
shall be deemed a corporation of the state of Indiana, and shall have
all the powers and be subject to all the provisions of this chapter. (Formerly: Acts 1885, c.20, s.16.) As amended by P.L.62-1984,
SEC.53.
IC 8-4-7-17 Filing of certificate of acceptance of provisions of chapter;
conclusiveness upon associate companies
Sec. 17. Whenever, prior to March 2, 1885, any union railway
company shall have been incorporated, and the proprietary
companies of such union railway company shall have, by agreement
in writing with any other railroad company, such as is designated in
this chapter as an associate company, admitted such associate
company to the use of the property and facilities of such union
company, then, upon the filing of the certificate of acceptance
contemplated by section 16 of this chapter, such agreement between
such proprietary companies and such associate company shall have
the same force and effect and be as valid and binding as if the same
had been made after March 2, 1885, and the terms of such
agreement, including the provision for such a board of managers as
is contemplated by this chapter, the delegation of powers to such
board, and the right of such associate company to representation on
such board, shall be observed and enforced as may have been
provided for in said agreement. (Formerly: Acts 1885, c.20, s.17.) As amended by P.L.62-1984,
SEC.54.
IC 8-4-7-18 Mechanic's liens; joint liability of proprietary companies
Sec. 18. The proprietary companies shall be jointly liable for all
debts due for labor done for such union railway company on its
tracks, depots and other property that shall not be paid by such union
railway company, but such liability shall not be enforceable against
the said proprietary companies until the remedy against such union
company shall have been exhausted, unless it is shown that said
union company is insolvent. (Formerly: Acts 1885, c.20, s.18.)
IC 8-4-7-19 Facilities and connections; joint use by proprietary companies
Sec. 19. Any such union railway company may make running
arrangements with any of its proprietary companies, or with any of
its associate companies, whereby such union railway company shall
acquire the right to use the roads and tracks of such proprietary
companies, or of said associate companies, so as to afford connecting
facilities between the tracks of such union company and any belt
railroad contemplated by this chapter. (Formerly: Acts 1885, c.20, s.19.) As amended by P.L.62-1984,
SEC.55.
IC 8-4-7
Chapter 7. Incorporation of Union Railway Companies
IC 8-4-7-1 Authority for formation
Sec. 1. Where two (2) or more railroad companies own or operate
railroads extending into, through or near the same city or town, such
companies, or any two (2) or more of them, may form a union
railway corporation, according to the provisions hereinafter
contained. (Formerly: Acts 1885, c.20, s.1.)
IC 8-4-7-2 Capitalization; certificate of incorporation
Sec. 2. The railroad companies uniting in the formation of such
corporation are designated as proprietary companies, and shall make
a certificate of incorporation, in which they shall specify the name of
the company to be incorporated thereunder, the amount of the capital
stock of such company, the number and the par value of the shares
into which it shall be divided, the aggregate amount of the par value
of the shares of each proprietary company, the county or counties in
which said union railway shall be situated, with the name of the town
or city within or near which said union railway is to be constructed. (Formerly: Acts 1885, c.20, s.2.)
IC 8-4-7-3 Certificate of incorporation; powers and duties
Sec. 3. Such certificate of incorporation shall be signed by the
president or vice president and attested by the secretary of each of
said proprietary companies, and shall be sealed with its corporate
seal, and shall be acknowledged by the respective companies by their
said officers, before some person authorized to take and certify the
acknowledgments of conveyances of real estate, and shall be filed
and recorded in the recorder's office of the county or counties in
which said union railway company may be situated; and upon the
filing of such certificate as aforesaid, the union company so formed
shall be a corporation of this state, with all the powers incident
thereto, and such other powers as are conferred by this chapter. (Formerly: Acts 1885, c.20, s.3.) As amended by P.L.62-1984,
SEC.49.
IC 8-4-7-4 Directors; numbers; acquisition of property
Sec. 4. The board of directors of any such union company shall
consist of not less than one (1) representative for each of the
proprietary companies to be selected by the respective companies
which they are to represent: Provided, That the board may increase
the number of directors by fixing the additional equal number of
representatives to be selected for each proprietary company, and any
successor in interest to one or more original proprietary companies
shall be entitled to select the number of representatives so provided
for each such company. And such board of directors shall have
power to construct, maintain and operate such union railroad, to
regulate the use of its depots, stations, structures, appliances and
facilities, and to regulate the time and manner in which engines, cars
and other rolling stock shall pass or be hauled over its tracks, and the
tolls, charges or compensation to be paid therefor. (Formerly: Acts 1885, c.20, s.4; Acts 1959, c.28, s.1.)
IC 8-4-7-5 Stock certificates; proprietary companies
Sec. 5. The interest of each proprietary company in the union
company in its capital stock and in its property and effects of every
kind shall be deemed an appurtenance to the railroad of such
proprietary company, and shall not be transferable or alienable
otherwise than with and as a part of the railroad of such proprietary
company. The union company shall issue to each proprietary
company a certificate or certificates setting forth the interest or stock
of such proprietary company in such union company, but such
certificate shall express upon its face that it is not transferable,
except as appurtenant to the railroad of such proprietary company. (Formerly: Acts 1885, c.20, s.5.)
IC 8-4-7-6 Belt railroad; operation
Sec. 6. Any such union railway company may, as owner or lessee
thereof, operate any belt railroad extending around, or partly around,
the town or city in or near which such union railway may be situated,
the track of which belt road connects with the track of said union
railway company, or with the track of any of its proprietary
companies, to the end that such town or city may be relieved, as far
as practicable, of the passage through it of through freight cars and
through freight trains. (Formerly: Acts 1885, c.20, s.6.)
IC 8-4-7-7 Acquisition of property; eminent domain
Sec. 7. Any such union railway company may erect, construct,
rebuild and replace, in connection with its tracks, union depots, car
sheds and such other structures and appliances as the company may
deem necessary to facilitate the transaction of its business, and the
business of its proprietary companies and of other railroad
companies whose tracks may connect therewith, and which may
acquire from such union railway company the right to use said union
tracks and their appliances. And such union company shall also have
power to locate, construct, rebuild, keep up, change and repair such
union railroad and its tracks, side-tracks, switches, depots, sheds and
other structures and appliances, and to take conveyances and releases
in fee simple or otherwise of rights of way and of such real estate as
it may deem necessary for the purposes aforesaid, and may condemn,
in fee simple or otherwise, so much real estate and such rights of way
as it may deem necessary for the purposes aforesaid, or any of them;
also, to construct, own, maintain and operate union passenger
stations, local freight stations, transfer and connecting tracks,
between the property of such union company and property and tracks
of other railroad companies. (Formerly: Acts 1885, c.20, s.7.)
IC 8-4-7-8 Eminent domain; application of law
Sec. 8. The condemnations authorized in section 7 of this chapter
may be made according to:
(1) the provisions of the charter of any or either of the
proprietary companies;
(2) the general railroad law of Indiana in effect at the time that
provides for the condemnation of real estate for railroad
purposes; or
(3) IC 32-24-1. (Formerly: Acts 1885, c.20, s.8.) As amended by P.L.62-1984,
SEC.50; P.L.2-2002, SEC.41.
IC 8-4-7-9 Financing of operation; loans and bond issues
Sec. 9. Any such union railway company shall have power to
borrow money for the purpose of raising means to carry out the
powers conferred by this chapter, and may issue coupon or other
bonds payable to bearer, bearing interest not exceeding the highest
contract rate of interest which may be allowable in this state at the
time, such interest to be payable semiannually, and such company
may also mortgage its franchises, property, and revenues of every
kind then owned or subsequently to be acquired to secure the
payment of such loan and interest or of such bonds and interest. (Formerly: Acts 1885, c.20, s.9.) As amended by P.L.62-1984,
SEC.51.
IC 8-4-7-10 Vacation of street or alley
Sec. 10. (a) If any union railway company in carrying out the
powers granted by this chapter considers it necessary that any part of
a street, avenue, or alley in a town or city in which the union railway
is situated should be vacated, it is lawful for the executive and
legislative body of the town, or the legislative body of the city, as the
case may be, to vacate any part of any street, avenue, or alley of the
town or city for the purposes of this chapter.
(b) As a basis of the vacation, the union railway company shall
present to and file with the proper municipal body or bodies of the
town or city its petition, setting forth a description of the part of the
street, avenue, or alley proposed to be vacated, and the purpose for
which the ground is proposed to be used. There must be appended to
the petition, as a part of the basis of the vacation, the written consent
to the granting of the prayer of such petition of the owners in fee
simple of more than one-half (1/2) of the real estate fronting on both
sides of the street or alley, which, or part of which, is proposed to be
vacated, estimated by the frontage in feet upon the street or alley,
commencing at a line drawn across the street or alley equidistant
from the termini of that portion of the street or alley proposed to be
vacated, and extending along the street or alley from the line one
thousand five hundred (1,500) feet in each direction, unless the
street, avenue, or alley is not continuous in either direction from the
line one thousand five hundred (1,500) feet, in which case, the
consent of owners shall only be required for the distance that it is
continuous.
(c) Before granting the prayer of the petition, the municipal body
or bodies shall ascertain and determine that the consent of the owners
of the requisite number of front feet has been obtained and the
finding shall be made a matter of record, and is conclusive of the
facts so found in all collateral proceedings.
(d) Before the petition is presented, twenty (20) days notice shall
be given by the union railway company, by publication, by three (3)
insertions in two (2) newspapers of general circulation printed and
published in the town or city in which the union railway may be
situated, setting forth that on a day, to be therein named, or at the
next meeting thereafter of the municipal body or bodies, a petition
for the vacation of the portion of the street or alley in question,
describing it, will be presented to the municipal body or bodies for
action. (Formerly: Acts 1885, c.20, s.10.) As amended by P.L.62-1984,
SEC.52; P.L.8-1989, SEC.50.
IC 8-4-7-11 Joint use of facilities and equipment
Sec. 11. Any such union railway company may, by agreement in
writing with any railroad company not being one of said proprietary
companies, and owning or operating a railroad which extends to,
into, through or near the town or city in or near which such union
railroad is or may be situated, admit said last-mentioned railroad
company to such use of the tracks, side-tracks, switches, depots,
depot grounds, yards, sheds and other structures or railroad facilities
and appliances (including the use of its belt railroad and belt railroad
facilities, if any) during such time, on such terms and conditions, and
for such compensation or rent as may be agreed upon. The right of
any associate company to continue in the use and enjoyment of the
property and facilities of the union company may be made to depend
upon the faithful performance of such terms and conditions by such
associate company as may be inserted in said agreement. The
companies which may be so admitted are herein designated as
associate companies: Provided, That no such associate company shall
be admitted to the use of the property and facilities of such union
railway company except upon the unanimous vote of the directors of
such union company.
(Formerly: Acts 1885, c.20, s.11.)
IC 8-4-7-12 Directors, officers, and employees
Sec. 12. The board of directors of any such union railway
company shall annually elect a president, a vice-president, a
secretary and a treasurer, who shall serve for one (1) year, and until
their successors are elected. Any general officer of either of the
proprietary companies shall be eligible as president. The
vice-president, secretary and treasurer need not necessarily be an
officer of one of said proprietary companies. (Formerly: Acts 1885, c.20, s.12.)
IC 8-4-7-13 Board of managers; associate companies
Sec. 13. It shall be competent for the board of directors of such
union railway company to organize a board of managers, to consist
of a representative from each proprietary company, as well as a
representative from each associate company previously admitted,
such representatives to be selected by the respective companies
which they are to represent, and the president of the union railway
company shall be ex officio president of such board. As associate
companies are from time to time admitted to the use of the union
railway property and facilities, as aforesaid, they shall each become
entitled to have a representative on said board of managers; but after
such board of managers shall have been organized, other associate
companies shall only be admitted as aforesaid with the unanimous
consent of all the members of such board of managers. (Formerly: Acts 1885, c.20, s.13.)
IC 8-4-7-14 Associate companies; board of managers; delegation of powers and
duties
Sec. 14. It shall be competent for the board of directors of such
union railway company, in the agreement by which any associate
company or companies may be admitted as aforesaid, to delegate to
such board of managers such and so much of the authority, power
and jurisdiction of such board of directors as may be agreed upon,
subject, however, to the rights of the proprietary companies and of
the union railway company as defined in the agreements under which
associate companies may have been or may be admitted; subject to
these rights, the powers so delegated to said board of managers shall
be exercised by said board of managers, and shall continue so long
as the said associate companies, or any or either of them, shall
continue to be entitled to use the property and facilities of such union
railway company. (Formerly: Acts 1885, c.20, s.14.)
IC 8-4-7-15 Contracts; tort liability
Sec. 15. Every such union railway company shall be primarily
liable to the public and to third persons on its contracts and for its
torts, but it shall be competent, as between themselves, for such
proprietary companies, such associate companies, and said union
railway company, to agree among themselves that the ultimate
liability for damages for any class of injuries to persons or property
shall fall upon one (1) or more of said companies, and such
agreement as to such ultimate liability may be enforced as between
the companies parties to such agreement: Provided, however, That
nothing herein contained shall prevent any person suing for an injury
to persons or property from joining as defendants any or all of said
companies if the facts would have justified such joinder if this
section had never been passed. (Formerly: Acts 1885, c.20, s.15.)
IC 8-4-7-16 Acceptance of provisions of chapter; certificate; filing
Sec. 16. Any union railway company organized prior to March 2,
1885, under the provisions of Acts 1852, 1RS, c.84 may adopt the
provisions of this chapter by filing a written statement setting forth
its acceptance of the provisions of this chapter, which written
statement shall be signed by the president and attested by the
secretary of each proprietary company, under its corporate seal, and
shall be acknowledged by the parties thereto before some officer
authorized to take acknowledgments of conveyances of real estate,
which writing shall be filed and recorded in the office of the recorder
of the county or counties in which such union railway may be
situated, and, from time of such filing, such union railway company
shall be deemed a corporation of the state of Indiana, and shall have
all the powers and be subject to all the provisions of this chapter. (Formerly: Acts 1885, c.20, s.16.) As amended by P.L.62-1984,
SEC.53.
IC 8-4-7-17 Filing of certificate of acceptance of provisions of chapter;
conclusiveness upon associate companies
Sec. 17. Whenever, prior to March 2, 1885, any union railway
company shall have been incorporated, and the proprietary
companies of such union railway company shall have, by agreement
in writing with any other railroad company, such as is designated in
this chapter as an associate company, admitted such associate
company to the use of the property and facilities of such union
company, then, upon the filing of the certificate of acceptance
contemplated by section 16 of this chapter, such agreement between
such proprietary companies and such associate company shall have
the same force and effect and be as valid and binding as if the same
had been made after March 2, 1885, and the terms of such
agreement, including the provision for such a board of managers as
is contemplated by this chapter, the delegation of powers to such
board, and the right of such associate company to representation on
such board, shall be observed and enforced as may have been
provided for in said agreement. (Formerly: Acts 1885, c.20, s.17.) As amended by P.L.62-1984,
SEC.54.
IC 8-4-7-18 Mechanic's liens; joint liability of proprietary companies
Sec. 18. The proprietary companies shall be jointly liable for all
debts due for labor done for such union railway company on its
tracks, depots and other property that shall not be paid by such union
railway company, but such liability shall not be enforceable against
the said proprietary companies until the remedy against such union
company shall have been exhausted, unless it is shown that said
union company is insolvent. (Formerly: Acts 1885, c.20, s.18.)
IC 8-4-7-19 Facilities and connections; joint use by proprietary companies
Sec. 19. Any such union railway company may make running
arrangements with any of its proprietary companies, or with any of
its associate companies, whereby such union railway company shall
acquire the right to use the roads and tracks of such proprietary
companies, or of said associate companies, so as to afford connecting
facilities between the tracks of such union company and any belt
railroad contemplated by this chapter. (Formerly: Acts 1885, c.20, s.19.) As amended by P.L.62-1984,
SEC.55.
IC 8-4-7
Chapter 7. Incorporation of Union Railway Companies
IC 8-4-7-1 Authority for formation
Sec. 1. Where two (2) or more railroad companies own or operate
railroads extending into, through or near the same city or town, such
companies, or any two (2) or more of them, may form a union
railway corporation, according to the provisions hereinafter
contained. (Formerly: Acts 1885, c.20, s.1.)
IC 8-4-7-2 Capitalization; certificate of incorporation
Sec. 2. The railroad companies uniting in the formation of such
corporation are designated as proprietary companies, and shall make
a certificate of incorporation, in which they shall specify the name of
the company to be incorporated thereunder, the amount of the capital
stock of such company, the number and the par value of the shares
into which it shall be divided, the aggregate amount of the par value
of the shares of each proprietary company, the county or counties in
which said union railway shall be situated, with the name of the town
or city within or near which said union railway is to be constructed. (Formerly: Acts 1885, c.20, s.2.)
IC 8-4-7-3 Certificate of incorporation; powers and duties
Sec. 3. Such certificate of incorporation shall be signed by the
president or vice president and attested by the secretary of each of
said proprietary companies, and shall be sealed with its corporate
seal, and shall be acknowledged by the respective companies by their
said officers, before some person authorized to take and certify the
acknowledgments of conveyances of real estate, and shall be filed
and recorded in the recorder's office of the county or counties in
which said union railway company may be situated; and upon the
filing of such certificate as aforesaid, the union company so formed
shall be a corporation of this state, with all the powers incident
thereto, and such other powers as are conferred by this chapter. (Formerly: Acts 1885, c.20, s.3.) As amended by P.L.62-1984,
SEC.49.
IC 8-4-7-4 Directors; numbers; acquisition of property
Sec. 4. The board of directors of any such union company shall
consist of not less than one (1) representative for each of the
proprietary companies to be selected by the respective companies
which they are to represent: Provided, That the board may increase
the number of directors by fixing the additional equal number of
representatives to be selected for each proprietary company, and any
successor in interest to one or more original proprietary companies
shall be entitled to select the number of representatives so provided
for each such company. And such board of directors shall have
power to construct, maintain and operate such union railroad, to
regulate the use of its depots, stations, structures, appliances and
facilities, and to regulate the time and manner in which engines, cars
and other rolling stock shall pass or be hauled over its tracks, and the
tolls, charges or compensation to be paid therefor. (Formerly: Acts 1885, c.20, s.4; Acts 1959, c.28, s.1.)
IC 8-4-7-5 Stock certificates; proprietary companies
Sec. 5. The interest of each proprietary company in the union
company in its capital stock and in its property and effects of every
kind shall be deemed an appurtenance to the railroad of such
proprietary company, and shall not be transferable or alienable
otherwise than with and as a part of the railroad of such proprietary
company. The union company shall issue to each proprietary
company a certificate or certificates setting forth the interest or stock
of such proprietary company in such union company, but such
certificate shall express upon its face that it is not transferable,
except as appurtenant to the railroad of such proprietary company. (Formerly: Acts 1885, c.20, s.5.)
IC 8-4-7-6 Belt railroad; operation
Sec. 6. Any such union railway company may, as owner or lessee
thereof, operate any belt railroad extending around, or partly around,
the town or city in or near which such union railway may be situated,
the track of which belt road connects with the track of said union
railway company, or with the track of any of its proprietary
companies, to the end that such town or city may be relieved, as far
as practicable, of the passage through it of through freight cars and
through freight trains. (Formerly: Acts 1885, c.20, s.6.)
IC 8-4-7-7 Acquisition of property; eminent domain
Sec. 7. Any such union railway company may erect, construct,
rebuild and replace, in connection with its tracks, union depots, car
sheds and such other structures and appliances as the company may
deem necessary to facilitate the transaction of its business, and the
business of its proprietary companies and of other railroad
companies whose tracks may connect therewith, and which may
acquire from such union railway company the right to use said union
tracks and their appliances. And such union company shall also have
power to locate, construct, rebuild, keep up, change and repair such
union railroad and its tracks, side-tracks, switches, depots, sheds and
other structures and appliances, and to take conveyances and releases
in fee simple or otherwise of rights of way and of such real estate as
it may deem necessary for the purposes aforesaid, and may condemn,
in fee simple or otherwise, so much real estate and such rights of way
as it may deem necessary for the purposes aforesaid, or any of them;
also, to construct, own, maintain and operate union passenger
stations, local freight stations, transfer and connecting tracks,
between the property of such union company and property and tracks
of other railroad companies. (Formerly: Acts 1885, c.20, s.7.)
IC 8-4-7-8 Eminent domain; application of law
Sec. 8. The condemnations authorized in section 7 of this chapter
may be made according to:
(1) the provisions of the charter of any or either of the
proprietary companies;
(2) the general railroad law of Indiana in effect at the time that
provides for the condemnation of real estate for railroad
purposes; or
(3) IC 32-24-1. (Formerly: Acts 1885, c.20, s.8.) As amended by P.L.62-1984,
SEC.50; P.L.2-2002, SEC.41.
IC 8-4-7-9 Financing of operation; loans and bond issues
Sec. 9. Any such union railway company shall have power to
borrow money for the purpose of raising means to carry out the
powers conferred by this chapter, and may issue coupon or other
bonds payable to bearer, bearing interest not exceeding the highest
contract rate of interest which may be allowable in this state at the
time, such interest to be payable semiannually, and such company
may also mortgage its franchises, property, and revenues of every
kind then owned or subsequently to be acquired to secure the
payment of such loan and interest or of such bonds and interest. (Formerly: Acts 1885, c.20, s.9.) As amended by P.L.62-1984,
SEC.51.
IC 8-4-7-10 Vacation of street or alley
Sec. 10. (a) If any union railway company in carrying out the
powers granted by this chapter considers it necessary that any part of
a street, avenue, or alley in a town or city in which the union railway
is situated should be vacated, it is lawful for the executive and
legislative body of the town, or the legislative body of the city, as the
case may be, to vacate any part of any street, avenue, or alley of the
town or city for the purposes of this chapter.
(b) As a basis of the vacation, the union railway company shall
present to and file with the proper municipal body or bodies of the
town or city its petition, setting forth a description of the part of the
street, avenue, or alley proposed to be vacated, and the purpose for
which the ground is proposed to be used. There must be appended to
the petition, as a part of the basis of the vacation, the written consent
to the granting of the prayer of such petition of the owners in fee
simple of more than one-half (1/2) of the real estate fronting on both
sides of the street or alley, which, or part of which, is proposed to be
vacated, estimated by the frontage in feet upon the street or alley,
commencing at a line drawn across the street or alley equidistant
from the termini of that portion of the street or alley proposed to be
vacated, and extending along the street or alley from the line one
thousand five hundred (1,500) feet in each direction, unless the
street, avenue, or alley is not continuous in either direction from the
line one thousand five hundred (1,500) feet, in which case, the
consent of owners shall only be required for the distance that it is
continuous.
(c) Before granting the prayer of the petition, the municipal body
or bodies shall ascertain and determine that the consent of the owners
of the requisite number of front feet has been obtained and the
finding shall be made a matter of record, and is conclusive of the
facts so found in all collateral proceedings.
(d) Before the petition is presented, twenty (20) days notice shall
be given by the union railway company, by publication, by three (3)
insertions in two (2) newspapers of general circulation printed and
published in the town or city in which the union railway may be
situated, setting forth that on a day, to be therein named, or at the
next meeting thereafter of the municipal body or bodies, a petition
for the vacation of the portion of the street or alley in question,
describing it, will be presented to the municipal body or bodies for
action. (Formerly: Acts 1885, c.20, s.10.) As amended by P.L.62-1984,
SEC.52; P.L.8-1989, SEC.50.
IC 8-4-7-11 Joint use of facilities and equipment
Sec. 11. Any such union railway company may, by agreement in
writing with any railroad company not being one of said proprietary
companies, and owning or operating a railroad which extends to,
into, through or near the town or city in or near which such union
railroad is or may be situated, admit said last-mentioned railroad
company to such use of the tracks, side-tracks, switches, depots,
depot grounds, yards, sheds and other structures or railroad facilities
and appliances (including the use of its belt railroad and belt railroad
facilities, if any) during such time, on such terms and conditions, and
for such compensation or rent as may be agreed upon. The right of
any associate company to continue in the use and enjoyment of the
property and facilities of the union company may be made to depend
upon the faithful performance of such terms and conditions by such
associate company as may be inserted in said agreement. The
companies which may be so admitted are herein designated as
associate companies: Provided, That no such associate company shall
be admitted to the use of the property and facilities of such union
railway company except upon the unanimous vote of the directors of
such union company.
(Formerly: Acts 1885, c.20, s.11.)
IC 8-4-7-12 Directors, officers, and employees
Sec. 12. The board of directors of any such union railway
company shall annually elect a president, a vice-president, a
secretary and a treasurer, who shall serve for one (1) year, and until
their successors are elected. Any general officer of either of the
proprietary companies shall be eligible as president. The
vice-president, secretary and treasurer need not necessarily be an
officer of one of said proprietary companies. (Formerly: Acts 1885, c.20, s.12.)
IC 8-4-7-13 Board of managers; associate companies
Sec. 13. It shall be competent for the board of directors of such
union railway company to organize a board of managers, to consist
of a representative from each proprietary company, as well as a
representative from each associate company previously admitted,
such representatives to be selected by the respective companies
which they are to represent, and the president of the union railway
company shall be ex officio president of such board. As associate
companies are from time to time admitted to the use of the union
railway property and facilities, as aforesaid, they shall each become
entitled to have a representative on said board of managers; but after
such board of managers shall have been organized, other associate
companies shall only be admitted as aforesaid with the unanimous
consent of all the members of such board of managers. (Formerly: Acts 1885, c.20, s.13.)
IC 8-4-7-14 Associate companies; board of managers; delegation of powers and
duties
Sec. 14. It shall be competent for the board of directors of such
union railway company, in the agreement by which any associate
company or companies may be admitted as aforesaid, to delegate to
such board of managers such and so much of the authority, power
and jurisdiction of such board of directors as may be agreed upon,
subject, however, to the rights of the proprietary companies and of
the union railway company as defined in the agreements under which
associate companies may have been or may be admitted; subject to
these rights, the powers so delegated to said board of managers shall
be exercised by said board of managers, and shall continue so long
as the said associate companies, or any or either of them, shall
continue to be entitled to use the property and facilities of such union
railway company. (Formerly: Acts 1885, c.20, s.14.)
IC 8-4-7-15 Contracts; tort liability
Sec. 15. Every such union railway company shall be primarily
liable to the public and to third persons on its contracts and for its
torts, but it shall be competent, as between themselves, for such
proprietary companies, such associate companies, and said union
railway company, to agree among themselves that the ultimate
liability for damages for any class of injuries to persons or property
shall fall upon one (1) or more of said companies, and such
agreement as to such ultimate liability may be enforced as between
the companies parties to such agreement: Provided, however, That
nothing herein contained shall prevent any person suing for an injury
to persons or property from joining as defendants any or all of said
companies if the facts would have justified such joinder if this
section had never been passed. (Formerly: Acts 1885, c.20, s.15.)
IC 8-4-7-16 Acceptance of provisions of chapter; certificate; filing
Sec. 16. Any union railway company organized prior to March 2,
1885, under the provisions of Acts 1852, 1RS, c.84 may adopt the
provisions of this chapter by filing a written statement setting forth
its acceptance of the provisions of this chapter, which written
statement shall be signed by the president and attested by the
secretary of each proprietary company, under its corporate seal, and
shall be acknowledged by the parties thereto before some officer
authorized to take acknowledgments of conveyances of real estate,
which writing shall be filed and recorded in the office of the recorder
of the county or counties in which such union railway may be
situated, and, from time of such filing, such union railway company
shall be deemed a corporation of the state of Indiana, and shall have
all the powers and be subject to all the provisions of this chapter. (Formerly: Acts 1885, c.20, s.16.) As amended by P.L.62-1984,
SEC.53.
IC 8-4-7-17 Filing of certificate of acceptance of provisions of chapter;
conclusiveness upon associate companies
Sec. 17. Whenever, prior to March 2, 1885, any union railway
company shall have been incorporated, and the proprietary
companies of such union railway company shall have, by agreement
in writing with any other railroad company, such as is designated in
this chapter as an associate company, admitted such associate
company to the use of the property and facilities of such union
company, then, upon the filing of the certificate of acceptance
contemplated by section 16 of this chapter, such agreement between
such proprietary companies and such associate company shall have
the same force and effect and be as valid and binding as if the same
had been made after March 2, 1885, and the terms of such
agreement, including the provision for such a board of managers as
is contemplated by this chapter, the delegation of powers to such
board, and the right of such associate company to representation on
such board, shall be observed and enforced as may have been
provided for in said agreement. (Formerly: Acts 1885, c.20, s.17.) As amended by P.L.62-1984,
SEC.54.
IC 8-4-7-18 Mechanic's liens; joint liability of proprietary companies
Sec. 18. The proprietary companies shall be jointly liable for all
debts due for labor done for such union railway company on its
tracks, depots and other property that shall not be paid by such union
railway company, but such liability shall not be enforceable against
the said proprietary companies until the remedy against such union
company shall have been exhausted, unless it is shown that said
union company is insolvent. (Formerly: Acts 1885, c.20, s.18.)
IC 8-4-7-19 Facilities and connections; joint use by proprietary companies
Sec. 19. Any such union railway company may make running
arrangements with any of its proprietary companies, or with any of
its associate companies, whereby such union railway company shall
acquire the right to use the roads and tracks of such proprietary
companies, or of said associate companies, so as to afford connecting
facilities between the tracks of such union company and any belt
railroad contemplated by this chapter. (Formerly: Acts 1885, c.20, s.19.) As amended by P.L.62-1984,
SEC.55.
