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Abernathy ISD to assume ownership of Conterra monopole, withdraws from litigation
Summary
The board approved an agreement with Conterra Ultra Broadband to transfer ownership of a monopole tower on district property to the district and to withdraw from related litigation (Region 17 v. Conterra, Cause No. DC-2022-CV-160). The board also authorized legal counsel to take steps to implement the agreement.
The Abernathy ISD Board on May 12 approved entering into an agreement with Conterra Ultra Broadband, LLC to transfer all rights, ownership, and responsibility for a monopole tower located on district property from Conterra to the district, and to withdraw the district's participation in the litigation styled Region 17 Education Service Center, et al v. Conterra Ultra Broadband, LLC (72nd District Court of Lubbock County, Cause No. DC-2022-CV-160). "I move to approve Abernathy ISD to enter into an agreement with Conterra Ultra Broadband, LLC, ('Conterra') to do the following: (1) transfer all rights to, ownership of, and responsibility for the monopole tower ...; (2) withdraw the District's participation in the litigation ...; and (3) dismiss any pending claims with prejudice that the District may have against Conterra," said Ty Horsford, who made the motion; the motion passed 7–0.
The board separately authorized the district's legal counsel to take any and all actions necessary to accomplish the agreement's objectives, including withdrawing from the litigation and dismissing any pending claims with prejudice. The minutes record the litigation cause number and parties; they do not specify financial terms, conditions of the transfer, or any indemnities or easements related to future use of the monopole.
