§ 78-116. Non-exclusivity; non-liability.

(a)

Nothing in this article affects the right of city to occupy and use the streets to install, operate, upgrade, repair and remove equipment for the purpose of providing any services or service, or to engage in any other activity in the streets. Nothing in this article abrogates the right of city to perform any public works or public improvements. If the equipment materially interferes with the construction, operation, maintenance, repair or removal of such public works or public improvements, company, at its own expense, shall promptly, following reasonable written notice from city, take action to protect, alter or permanently relocate equipment, as directed by city.

(b)

The city and its officers, employees, agents, attorneys, consultants and independent contractors shall not have any liability to company for any damage as a result of or in connection with such public works or public improvements. The foregoing provision freeing city and its officers, employees, agents, attorneys, consultants and independent contractors from liability pursuant to this section shall not apply to acts of gross negligence or willful misconduct or to damages caused by violations by city or its officers, employees, agents, consultants or independent contractors of O.C.G.A. ch. 25-9, relating to notification prior to and excavation near underground utilities, as now or hereafter amended.

(Ord. of 9-8-2009)