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360Network-CS050203MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Jennifer Armstrong, Finance Director From: Ken Griffin, Director of Engineering /Public Works Date: Thursday, February 03, 2005 RE: Refund of ROW Maintenance Use Fee Mitchell Merryman from 360Networks (USA) contacted my office in September 2004 about changing the name on the existing Touch America license agreement to reflect a new ownership name. He was provided with a ROW Maintenance Use Fee registration form that requires the payment of a $250 fee for the registration of a service provider. The payment and required forms were submitted, with check forwarded to Chad Beach for processing. The attached letter dated January 5, 2005 was sent to 360Networks (USA) in response to an additional question regarding the need for a new license agreement to replace the July 1999 agreement, due to the acquisition of Touch America's facilities through bankruptcy proceedings. Research of the issue showed that the agreement could be transferred by the attachment of the executed agreement to acquire the facilities. That agreement was provided with a letter dated January 31, 2005 (copy attached). Please process a refund of the $250 registration fee paid in September 2004. Mail to: Mitchell Merryman 360Networks (USA) 867 Coal Creek Circle, Ste 160 Louisville CO 80027 Thank you for your attention to this matter. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"