Agenda - Council - 01/11/2000 - Laserfiche WebLink

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For any Next-year Project not listed in the construction and major maintenance plan required under Section 4.10.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; For any project which requires the excavation of any portion of the fight-of- way which was constructed or reconstructed within the proceeding five (5) years; To any person who has failed within the past three (3) years to comply, or is presently not in full compliance; with the r. equirements of this Section; I To any person as to whom there exists grounds for the revocation of a permit under Section 4.10.22; and If, in the sole discretion of the City, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The City, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public o~er the right-of-way, and by considerations relating to the public health, safety and welfare. Subd. 2. Permissive Denial. The City may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of- way and its users. The City may consider one or more of the following factors: The extent to which the right-of-way space where the permit is sought is available; b. The competing demands for the particular space in the right-of-way; The availability of other locations in the fight-of-way or in other fights-of- way for the equipment of the permit applicant; The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the fight-of-way; The degree of compliance of the applicant with the terms and conditions of its fi'anchise, if any, this Section, and other applicable ordinances and regulations; The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; 15 I I I I I I I I I I I I ! I