Pelham council adopts franchise to Unity Fiber Gulfco LLC to align underground network ownership

The Pelham City Council on Oct. 6 unanimously adopted Ordinance 5-27, granting Unity Fiber Gulfco LLC a nonexclusive right-of-way use agreement to construct and maintain a fiber-based communications system within certain public rights-of-way in the city.

Council President Maurice Mercer said the ordinance was advanced that night to allow the company to complete financing and to bring an existing underground utility into compliance. "We typically like to have our first and second reading. But this evening, we found it prudent to work with the utility to move forward, so they could handle some financing," Mercer said.

The ordinance identifies Unity Fiber Gulfco LLC as a Delaware limited liability company with an address listed in the document. According to the ordinance text read into the record, the franchise authorizes the company to use specified public rights-of-way subject to negotiated terms in a franchise agreement attached to the ordinance.

City staff said the company is taking over an existing underground utility and that the action will not create additional digging or disruption of public rights-of-way. Mercer told the council the franchise was needed immediately to accommodate the company's schedule for completing a sale/financing transaction.

Council approved suspending normal rules to give immediate consideration to the ordinance; the motion to suspend the rules and the subsequent adoption both passed by roll call with unanimous "yes" votes.

The ordinance text and franchise agreement are available at Pelham City Hall and on the city's website, pellumalabama.gov. The mayor was authorized to execute the franchise agreement on the city's behalf.