Don't sell a 143-year-old cash cow. Vote no on sale of Cincinnati Southern Railway.

Most Cincinnatians didn't even know the city owned a railroad. They don't know the history. They don't know the topography. No pun intended, but it took a crash course for me to catch up. Now, we are being asked whether to keep or sell the 337-mile Cincinnati Southern Railway, the only municipally owned railroad in the country.

Here are a few salient points. In the early 19th century, visionary leaders saw a north-south railway as a way to keep Cincinnati economically vibrant. It took some 45 years to complete where a freight train could finally run from Cincinnati to Chattanooga, Tennessee. The railway was no small feat to complete, and those who dreamt it were in their old age when the maiden voyage was completed.

Over the years, the Cincinnati Southern Railway has been a cash cow for the city of Cincinnati. Ironically, just 100 years after the first public meeting in Cincinnati regarding the railway, a new board game was patented. Almost all of us grew up playing Monopoly, a capitalist, winner-take-all board game that has a railroad on every straight. Ownership of the railroads was almost as important as the other key land ownerships where houses and hotels could be built and high rent collected.

More on Issue 22: At lively debate, panel clashes over Cincinnati plan to sell railway for $1.6B

Back to Cincinnati's little-known secret. The railway has been overseen by a five-person board of trustees, appointed by the mayor and blessed by the sitting city council. Trustees serve five-year terms, with no term limits. (What's the point?) The current railway board consist of one trustee, originally appointed by Mayor Charlie Luken, who has served close to 40 years, and four others who were appointed by former Mayor John Cranley. One of Cranley's appointees being none other than former mayor Luken. The city's charter should be amended to ensure a single five-year term, once again attempting to get to staggered terms. Each sitting member should be required to file a public statement of any conflict of interest.

The city has reaped some nice benefits from the ownership of this rail line. Holding a long-term lease, with an annually adjusted lease payment makes for a very predictable income stream. Even long-term leases come to an end and have to be renegotiated, with the ever-present option to sell. City leadership knew the lease was up for renewal and has made a full-court press to sell the railroad. Here's what you need to know.

The ownership of the rail line has been governed by the Ferguson Act of 1869. Current lawmakers wanted to pave the way for the sale and tried to slip in some amendments during the Ohio General Assembly's lame duck session last year. That attempt failed, and they resubmitted the changes into a 125-plus-page transportation bill, circumventing any public discussion regarding the changes. Imagine that. You have to fetch the entire document to find the 5-6 pages that refer to changes to the law that allows the sale to proceed to the next step and other provisions. Ferguson had foresight. The railroad belongs to the people of Cincinnati and can not be sold without a public vote, bringing us to the present.

More: Opposition to railroad sale emerges, but buyer Norfolk Southern spending on TV, mailers

Let's first talk about trust. The changes to the Ferguson Act that were not brought before the public. And two recent lawsuits brought against the sitting board. One for a violation of the open meetings laws of which they settled for a payment of $100,500 (taxpayer expense). Two prior mayors and one former councilwoman all should have been aware of these laws.

Second was an attempt to use public funds to advocate for a ballot issue. The railway board should have also recognized this as a violation of the public trust. How ironic that it was a previous Issue 22 that was brought before the voters when the same line was crossed. This is the same term-limitless crew that voters are entrusting to write the rules and procedures for the management of the $1.6 billion bounty should the sale go through. For the record,  Norfolk Southern Corp., the proposed buyer is financing the pro-sale campaign to the tune of $1 million.

The argument being put forth is that an invested endowment can provide better returns than a guaranteed lease with annual adjustments, maybe so, in theory. Money has a tendency to evaporate, despite the best of intentions. On the other hand, the rail asset will remain whole and can not be whittled away by legal maneuvering.

Another argument being put forth is that the city is $400 million in arrears in infrastructure maintenance. Rightfully so. Tears are now being shed over the lack of American Disabilities Act compliance, recreation center maintenance, firehouse and police station backlogged maintenance − oh, and the parks. None of this was mentioned just a few years ago when $213 million was needed and found to make the necessary infrastructure changes to accommodate another sports arena. No more need be said.

These maintenance issues are important, don't get me wrong. Let's not just play the maintenance card when it's convenient. Let's be consistent in our vision which must also include long overdue racial equity. Let the voters not be bullied into thinking these issues just showed up, and the only solution is to sell the one and only 143-year-old asset that has been a cash cow for the city.

Vote "No" on Issue 22 and protect the railroad for another generation.

Lew Ebstein lives in Montgomery and is vice president of Neighborhoods United Cincinnati.

This article originally appeared on Cincinnati Enquirer: Vote no on sale of Cincinnati Southern Railway