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I <br />I <br />I <br />I <br />I <br />I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> ! <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />DRAFT <br /> <br />go <br /> <br />If, in the sole discretion, of the City, the issuance of a permit for the <br />particular date and/or time would cause a conflict or interfere with an <br />exhibition, celebration, festival, or any other event. The City, in exercising <br />this discretion, shall be guided by the safety and convenience of ordinary <br />travel of the public over the right-of-way, and by considerations relating to <br />the public health, safety and welfare. <br /> <br /> Subd. 2. Permissive Denial. The City may deny a permit in order to <br />protect the public health, safety and welfare, to prevent interference with the safety and <br />convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of- <br />way and its users. The City may consider one or more of the following factors: <br /> <br />The extent to which the right-of-way space where the permit is 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 right-of- <br />ways for the equipment of the permit applicant; <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 />eo <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 />The condition and age of the right-of-way, and whether and when it is <br />scheduled for total or partial reconstruction based upon Five-year Project <br />plans filed with the City; and <br /> <br />The balancing of the costs of disruption to the public and damage to the <br />right-of-way, against the benefits to that part of the public served by the <br />expansion into additional parts of the right-of-way. <br /> <br /> Subd.3. Discretionary Issuance. Notwithstanding the provisions of Sec. <br />4.10.17, Subd. 1 (c) and (d) above, the City may issue a permit in any case where the permit is <br />necessary: <br /> <br />To prevent substantial economic hardship to a customer of the permit <br />applicant; or <br /> <br />16 <br /> <br /> <br />