Subject to any state law applicable to allmunicipalities or any federal law that provides otherwise, no resolution orordinance, granting to any person, firm, or corporation any franchise, lease,or right to use the streets, public highways,thoroughfares, or publicproperty of the city, eitherin, under, upon, along, through, or over same shalltake effect and be enforced until 30 days after the final enactmentof same by the counciland publication of the resolution or ordinancein full once a week for three consecutive weeks in some newspaper published in the city,which publication shallbe made at theexpense of the persons, firm, or corporation applying for the grant. Pending the passage of any such resolutionor ordinance or during the time intervening between its final passage, andthe expiration of the 30 days during which publication shall be made as above provided, the legally qualifiedvoters of the city, by written petition or petitionsaddressed to the council, may object to the grant, and if during such periodsuch written petition or petitions signed by at least five percent of thelegally qualified voters of the city shall be filed with sed to the council, may object to the grant, and if during such periodsuch written petition or petitions signed by at least five percent of thelegally qualified voters of the city shall be filed with the council, thecouncil shall forthwith order an election, which shall be conducted by theelection commission of the city or other body having charge of the conduct ofmunicipal elections of the city at which election the legally qualified voters of the city shall vote for or againstthe proposed grant. In the call for the election, the resolutionor ordinance making such grant shall be published one time at length and infull at the expense of the city in a newspaperpublished in the city. If a majorityof the votes cast at the election shall be against the proposedgrant, then and in those events, the resolution or ordinance shall not becomeeffective nor shall it confer any rights, powers, or privileges of any kind; otherwise, the resolution or ordinance and the grant shall thereupon become effective asfully and to the same extent as if the election had not been called or held. If, as the result of the election, theresolution or ordinance shall be disapproved, then it shallbe deemed null ffective asfully and to the same extent as if the election had not been called or held. If, as the result of the election, theresolution or ordinance shall be disapproved, then it shallbe deemed null andvoid. But if as a result of theelection the proposed grant shall be approved, the council shall adopt aresolution stating the fact of the approval, and the resolution, withoutfurther proceedings or advertisement, shalloperate as the adoption of the proposed grant. No grant of any franchise or lease orright of user, or any other right in, under, upon, along, through, or over thestreets, public highways, thoroughfares, or public property of any such city,shall be made or given nor shall any such rights of any kind whatever beconferred upon any person, firm, or corporation, except by a resolution orordinance duly passed by the councilat some regular or adjournedmeeting and published as above provided for in thissection; nor shall any extension orenlargement of any such rightsor powers previously granted be made or givenexcept in the manner and subject to all conditions herein provided foras to the original grant of same. hall any extension orenlargement of any such rightsor powers previously granted be made or givenexcept in the manner and subject to all conditions herein provided foras to the original grant of same. Itis expressly provided, however, that this section shall not apply to the grantof side track or switching privileges to any railroad or street car company forthe purpose of reaching and affording railway connections, and switchprivileges to the owners or users of any industrial plant, store, or warehouse; provided further that the side track orswitch shall not extend for a greaterdistance than 1,320feet, measured along the track or switch.
Alabama Legal Code