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3.5 Avoid Dam o Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Pudic ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and dharacter of the improvements, (ii) the Public ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the -City will start the work, and (v) if more than one Public way or Public Ground is involved, the order ih-which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. 3.7 M Facilities. Before Company constructs any new structure or converts any existing structure for the manufacture or storage of gas, Company shall first obtain the approval of the structure and the location thereof from the City. Such approval by the City shall not be unreasonably withheld. SECTION 4, .RELOCATIONSD 4.1 relocation of Gas Facilities in Public Ways. Except as provided in Section 4.3, if the City determines to vacate a'Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line ,of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the Cit y's proposed public -im rovement. om•any.shall relocate its Gas Facilities at its own expense. The City shall give p p Company reasonable notice of plans t vacate for a City improvenent project, or to grade, regrade, or change the line of any Public way or to construct or reconstruct any City Utility System., If requested by the City, Company shall enter into a written contract with the City to accomplish the relocation by a completion date acceptable to both parties. The contract may p a penalty provide enalt in an amount per day for late completion. If a relocation 'is ordered within- five years of a prior relocation of the same Gas Facilities, which was.made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and material basis, -,provided^that if a subsequent relocation is required because of the extension of a City Utility System to a previously unnerved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to .relocate, remove, replace'-or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or . construction is solely for the convenience of the City and is not reasonably _necessary for the construction or reconstruction of a Public Way or City Utility System or other city 11nprpvement� - 4.2 relocation of Gas Facilities in Public Ground. Except as may be provided in ectin i may re Aire Company at.Company's expense to relocate or remove its Gas y - F 4--