Perry council adopts rights-of-way ordinance to govern utility occupancy and fiber installs

The City Council of Perry on Oct. 24 approved Ordinance 2024-20, amending Chapter 14 (Rights-of-Way Occupancy Management) of the Perry Municipal Code to clarify how occupancy fees are calculated and to require that burial depth of installed facilities be stated on permits and deemed consistent with construction standards.

City Attorney Bryce described the ordinance as a cleanup and modernization of an older code section: “The first amendment defines right of ways as buildings, parks, property, owned or leased by the city… This one really talks about the occupancy fee. The calculation is set out in the permit and isn’t changed unless the nature of the occupancy is changed,” he said. He also explained the amendment requires that burial depth be listed on permits and that tracer wire be used so installations can be located in the future.

Why it matters: Council members framed the ordinance as a practical step to govern newer utility installations — including private fiber runs — while protecting public infrastructure. Staff and council referenced a recent direct run to a casino as an example of a use the ordinance will now govern. One council member noted the change will not automatically extend service to adjacent homes; Bryce and staff said the initial run is intended for a single client but could enable broader competition over time.

Council procedure and vote: A motion to approve Ordinance 2024-20 passed on a roll-call vote. The council also approved an emergency clause, making the ordinance effective immediately.

What’s next: The ordinance is now in effect under the emergency clause. Staff said permits under the amended code will be handled administratively and that the city engineer will review plans before permits are issued to ensure burial depth and placement do not create drainage or right-of-way conflicts.