08-13-1997 Council Agenda - Laserfiche WebLink

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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: (a) the extent to which Right -of -Way space where the Permit is sought is available; (b) the competing demands for the particular space in the Right -of -Way; (c) the availability of other locations in the Right -of -Way or in other Rights - of -Way for the Equipment of the Permit Applicant; (d) the applicability of ordinance or other regulations of the Right -of -Way that affect location of Equipment in the Right -of -Way; (e) the degree of compliance of the Applicant with the terms and conditions of its franchise, if any, this Chapter, and other applicable ordinances and regulations; (f) the degree of disruption to surrounding communities and businesses that will result from the use of that part of the Right -of -Way; (g) the condition and age of the Right -of -Way, and whether and when it is scheduled for total or partial reconstruction; and (h) the balancing of the costs of disruption to the public and damage to the Right -of -Way, against the benefits to that part of the public served by the expansion into additional parts of the Right -of -Way. Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Sec. 1.18, Subd. 1(c) and (d) above, the City may issue an Permit in any case where the Permit is necessary (a) to prevent substantial economic hardship to a customer of the Permit Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c) to allow a new economic development project; and where the Permit Applicant did not have knowledge of the hardship, the plans for improvement of Service, or the development project when said Applicant was required to submit its list of Next -year Projects. Subd. 4. Permits for Additional Next -vear Projects. Notwithstanding the provisions of Section 1.18, Subd. 1(c) above, the City may issue a Permit to a Registrant who was allowed under Section 1.08, Subd. 2 to submit an additional Next -year Project, or in the event the Registrant demonstrates that it used commercially reasonable efforts to anticipate and plan for Page 116