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By January 1 of each year the Director will have available for <br />inspection in the Director's office a composite list of all <br />Projects of which the Director has been informed in the annual <br />plans. All Registrants are responsible for keeping themselves <br />informed of the current status of this list. <br /> <br />Thereafter, by February 1, each Registrant may change any Project <br />in its list of Next-year Projects, and must notify the Director and <br />all other Registrants of all such changes in said list. <br />Notwithstanding the foregoing, a Registrant may at any time join in <br />a Next-year Project of another Registrant that was listed by the <br />other Registrant. <br /> <br />Subd. 2. Additional Next-Year Projects. Notwithstanding the <br />foregoing, the Director will not deny an application for a Right- <br />of-Way Permit for failure to include a project in a plan submitted <br />to the City if the Registrant has used commercially reasonable <br />efforts to anticipate and plan for the project. <br /> <br />Sec. 4.10.08. Permit Requirement. <br /> <br />Subd. 1. Permit Required. Except as otherwise provided in this <br />Section, no Person may Obstruct or Excavate any Right-of-Way <br />without first having obtained the appropriate Right-of-Way Permit <br />from the Director to do so. <br /> <br />(a) Excavation Permit. An Excavation Permit is required by <br />a Registrant to Excavate that part of the Right-of-Way <br />described in such Permit and to hinder free and open passage <br />over the specified portion of the Right-of-Way by placing <br />Facilities described therein, to the extent and for the <br />duration specified therein. <br /> <br />(b) Obstruction Permit. An Obstruction Permit is required by <br />a Registrant to hinder free and open passage over the <br />specified portion of Right-of-Way by placing Equipment <br />described therein on the Right-of-Way for the duration <br />specified therein. An Obstruction Permit is not required if <br />a Person already possesses a valid Excavation Permit for the <br />same project. <br /> <br />Subd. 2. Permit Extensions. No Person may Excavate or Obstruct <br />the Right-of-Way beyond the date or dates specified in the Permit <br />unless such Person (i) makes a Supplementary Application for <br />another Right-of-Way Permit before the expiration of the initial <br />Permit, and (ii) a new permit or Permit extension is granted. <br /> <br />Subd. 3. Delay Penalty. Notwithstanding subd. 2 of this section, <br />the City shall establish and impose a Delay Penalty for <br />unreasonable delays in Right-of-Way excavation, Obstruction, <br />Patching or Restoration. The Delay Penalty shall be established <br />from time to time by City Council resolution. <br /> <br /> <br />