Engineering director asks council to endorse fiber right‑of‑way policy as multiple providers arrive

Monroe City Council · March 3, 2026

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Summary

Director of Engineering Patrick Lewis presented a draft right‑of‑way policy for multiple incoming fiber providers, flagging Metro Act revenue, limits on collecting separate permit fees, cabinet placement restrictions, proposed bonding and depth guidance to reduce damage to private sewer leads.

Patrick Lewis, director of engineering and interim director of water and wastewater utilities, told council the city is seeing multiple fiber providers seeking to build in Monroe and presented a draft right‑of‑way (ROW) construction policy to manage that activity.

"We've got multiple fiber optic providers wanting to come into the city," Lewis said, describing three firms that have submitted permit applications. He said the city’s prior decision to opt into the Metro Act provides an annual distribution (finance provided an estimate of about $90,000 for the year) but constrains what fees the city may charge for new entrants.

Lewis said staff were advised they likely cannot enforce separate permit fees to fully recoup staff review and field‑locate costs, so the draft sets other defendable requirements: limiting above‑ground cabinets to rear yards, side yards and commercial/industrial areas to avoid placing equipment in front of residences; pushing back against early placement of small splice vaults or "flower pots" in sidewalks and terraces; and asking providers to bury plantings 24–36 inches below grade (or below the lowest sanitary sewer) to reduce the chance of striking private sewer leads.

On financial safeguards, Lewis proposed a performance bond requirement (draft amounts: $50,000 standard; $100,000 for builds over five miles) and said permits will require providers to repair any utilities they strike. He warned that legal pushback is possible on fees, bond applicability to private leads, and other items, and asked council to endorse the draft so staff can point to council direction when providers press for exceptions.

Council members asked practical questions about whether the ROW would expand into private yards (Lewis said no), who bears repair costs if utilities are damaged (Lewis said providers would be required to repair and that some providers may dispute responsibility), and how the city will handle heavy directional drilling. Lewis said staff would return with final recommended language for formal endorsement and adoption.

Next steps: staff will refine the policy and return to council for endorsement and to provide the legal bases for proposed fees, bonds and placement restrictions.