13-1216.   Railway franchise in cities over 75,000; election.Any city of the first class having a population of not less than 75,000,for the purpose of aiding it in obtaining terminal, switch or depotfacilities, is hereby empowered to grant to any railway company includingterminal railway companies, but excluding street railway companies, theprivilege of building and maintaining a railway across, over or along anystreet, alley or public grounds in said city for a period not to exceed 200years: Provided, however, That no such right, privilege or franchiseshall ever be granted until the ordinance granting the same shall have beensubmitted to the legally qualified voters of such city and approved in themanner hereinafter provided at a general or special election to be held forthat purpose.

      If at said election, the majority of votes cast shall be for saidordinance and the making of said grant, the same shall thereupon becomeeffective; but if a majority of the votes cast at said election shall beagainst the said ordinance and the making of said grant, said ordinanceshall not confer any rights, powers or privileges of any kind whatsoeverupon the applicants therefor but shall be ipso facto null and void.Said proposition shall be submitted subject to all the laws regulating thesubmission of propositions. All expense of the election shall be borne bythe proposed grantee.

      History:   L. 1913, ch. 102, § 1; March 22; R.S. 1923, § 13-1216.