L-E-G-A-L N-O-T-I-C-E
SYNOPSIS OF AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE AND RIGHT-OF-WAY USE AGREEMENT TO UNITI FIBER GULFCO LLC, ITS SUCCESSORS OR ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF TUSCALOOSA, ALABAMA
1. On September 24th, 2025, the City Council for the City of Tuscaloosa, Alabama, adopted Ordinance No. 9684, the purpose of which is to grant Uniti Fiber GulfCo LLC, a Delaware limited liability company (“GulfCo”) for a ten (10) year period from the effective date and subject to renewal as stated in the Use Agreement, the non-exclusive right to utilize the rights-of-way in the corporate limits of the City of Tuscaloosa, Alabama, (the “City”) in order to construct its Telecommunications System and to provide its Services in accordance with and subject to the terms and conditions of the Construction, Right-of-Way Use and Franchise Agreement between Uniti Fiber GulfCo LLC, and the City of Tuscaloosa, Alabama (“Use Agreement”).
2. As a consequence, GulfCo is authorized, subject to the City’s police powers, including the City’s management of its rights-of-way, to construct and operate a fiber-optic network and Telecommunications System that is of current and modern design that will provide its Telecommunications Services, which are defined in the Use Agreement, which are available to customers or subscribers, either on a wholesale or retail basis, through facilities that enable the provision, whether bundled or unbundled, of voice, video, data, or advanced communications services, including telecommunications services, information and data services, and internet services. The term also includes the lease, license, sale, or other right of use provided to other persons, including other communications services providers, of portions of the network including facilities, fiber (whether dark or lit), or capacity thereon.
3. In exchange, GulfCo is to pay to the City on a quarterly basis a use fee of five percent (5%) of Gross Revenues, as defined in the Use Agreement, consisting of revenue derived by GulfCo from the operation of its Telecommunications System to provide Telecommunications Services within the City. GulfCo is also required, among other requirements, to indemnify the City and maintain adequate insurance coverage.
4. A copy of Ordinance No. 9684, together with the Use Agreement, may be obtained from the Office of the City Clerk of the City of Tuscaloosa, Alabama, during normal business hours.
Publication of this Synopsis is done by or at the direction of the City Clerk of the City of Tuscaloosa, Alabama, and at the expense of Uniti Fiber GulfCo LLC.
ADOPTED SEPTEMBER 23, 2025
TUSCALOOSA CITY COUNCIL
4t 9/26, 10/3, 10/10, 10/17