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10x05/00 16:08 017 <br /> (c) For any Next-year Project not listed in the construction and major <br /> maintenance plan required under Section 1.08 unless the Person used <br /> commercially reasonable efforts to anticipate and plan for the project; <br /> (d) For any project which requires the Excavation of any portion of a Right- <br /> of-Way which was constructed or reconstructed within the preceding five <br /> (S)yew;5 <br /> (e) To any Person who has failed within the past three(3)years to comply, or <br /> is presently not in full compliance,with the requirements of this Chapter; <br /> (f) To any Person as to whom there exists grounds for the revocation of a <br /> Permit under Section 1.22; and <br /> (g) If, in the discretion of the City,the issuance of a Permit for the particular <br /> date and,orlime-wottid-.ause4-csnffiet-orate;ire-�_nrcxhibition, <br /> celebration,festival,or any other event, The City, in exercising this <br /> discretion, shall be guided by the safety and convenience of ordinary travel <br /> of the public over the Right-of-Way, and by considerations relating to the <br /> public health,safety and welfare. <br /> Subd. 2. Permisjive Denial. The City may deny a Permit in order to protect the public <br /> health, safety and welfare,to prevent interference with the safety and convenience of ordinary <br /> travel over the Right-of-Way,when necessary to protect the Right-of-Way and its users. The City <br /> may consider one or more of the following factors; <br /> (a) the extent to which Right-of-Way space where the Permit is sought is <br /> available; <br /> (b) the competing demands for the particular space in the Right-of--Way; <br /> (c) the availability of other locations in the Right-of-Way or in other Rights- <br /> of-Way for the Equipment of the Permit Applicant; <br /> (d) the applicability of ordinance or other regulations of the Right-of-Way that <br /> affect location of Equipment in the Right-of-Way; <br /> s This requirement mai►be objectionable to industry and could be contested as a"barrier <br /> to entry". 11re City may elect to shorten this moratorium although we do not believe such <br /> 1110dification is required by law. <br /> 15 <br />