The franchise is granted upon the express agreement, understanding and condition that the grantee shall and will permit any person owning any warehouse, factory, business, industry or enterprise to connect with the private track, tracks or railroad connected with the railroad of the grantee, and to use the same for the transportation and delivery of any and all cars upon payment to the party or parties incurring the primary expense of such private track, tracks or railroad, of a reasonable proportion of the cost thereof, to be determined by mutual agreement by and between the interested parties. If such interested parties are unable to agree the cost shall be determined by the Public Utilities Commission of the state after notice to the interested parties and a hearing thereof; provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.
('64 Code, § 10-58) (Ord. 168, passed 2-9-61) Penalty, see § 10.97