If, either before or after the granting of a franchise for a spur track, the grantee of such franchise and the city or a public entity enter into a contract as to how the costs or expenses, or both arising from the erection or maintenance, or both, of warning or protective devices authorized or ordered by the Public Utilities Commission of the state, or the permanent or temporary relocation of any facilities, shall be apportioned to or between the parties while such contract is in effect, the terms thereof shall control, insofar as they may be inconsistent with §§ 114.030, 114.033, or 114.065. The acceptance of such a franchise, incorporating one or more of such sections by refer-ence, shall not be deemed to modify or supersede any provision of such a contract.
('64 Code, § 10-63) (Ord. 168, passed 2-9-61)