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For any Next-year Project not listed in the construction and major <br />maintenance plan required under Section 4.10.08 unless the person used <br />commercially reasonable efforts to anticipate and plan for the project; <br /> <br />For any project which requires the excavation of any portion of the right-of- <br />way which was constructed or reconstructed within the proceeding five (5) <br />years; <br /> <br />To any person who has failed within the past tt'n:ee (3) years to comply, or is <br />presently not in full compliance; with the requirements of this Section; <br /> <br />To any person as to whom there exists £~-;.unds for the revoca*ion of a <br />p :~rmit under Sectio~ ,~. 10.22; and <br /> <br />go <br /> <br /> in the sole disc -~,qcJ:~ of the City, the iz:uance of a pert :t for the <br />'~articular date and/or time would cause ~ conflict or interfeze with an <br />-~xhibition, celebrati~'--~ £~.stivat, or any oh~er e~,ent. The City, ~, exercising <br />~!~i~ discretion, shal! Le guided by the safety: and convenience o~ ,-rdinary <br />::;,el of the public over the right-of-way, an.d by consideratio~s ~:~:ting to <br />public health, s-'5~'..7 ~nd welfare. <br /> <br /> Su~.: z. Permiss~'/~ £'~nial. The City ~iay deny a permit m arder to <br />protect the public ' ealth, safety and '.',<£are, to prevent int(~z~'¢rence with thc :2~:ty and <br />convenience of ordinary travel over the r~.3[.t-of-way, or when necessary to protect the right-of- <br />way and its users. TSe City may consider one or more of the fc2c:,.ving factors: <br /> <br />The extent to whi. ch the right-of-way spac:.~ where the permit '~s sought is <br />available; <br /> <br />b. The competing demands for the particular space in the right-of-way; <br /> <br />The availability of other locations in the right-of-way or in other rights-of- <br />way for the equipment of the permit applicant; <br /> <br />do <br /> <br />The applicability of ordinance or other regulations of the right-of-way that <br />affect location of equipment in the right-of-way; <br /> <br />The degree of compliance of the applicant with the terms and conditions of <br />its franchise, if any, this Section, and other applicable ordinances and <br />regulations; <br /> <br />The degree of disruption to surrounding communities and businesses that <br />will result from the use of that part of the right-of-way; <br /> <br />15 <br /> <br /> I <br /> I <br /> i <br /> I <br /> ! <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />i <br />I <br /> <br /> <br />