Thursday, May 21, 2009

Memo: TTC Lobbyist Gary Bushnell thanks Senator Robert Nichols for allowing TTC-69 CDA to move forward

Memo from lobbyist shows how Senator Robert Nichols sold his constituents down the road

TURF obtained a memo from lobbyist Gary Bushell, with Alliance for I-69, revealing that he and ex-Transportation Commissioner turned Texas Senator, Robert Nichols, brokered a deal to allow the private toll contract with ACS of Spain for the Trans Texas Corridor TTC-69 to proceed as planned, despite the outcry of more than 28,000 Texans who went on the record against the project. (See the negotiated amendment to Nichol’s SB 17 that protects the private investor’s interest over the public interest HERE).

From: Jennifer Shepard []

Sent: Wednesday, May 20, 2009 1:42 PM

To:;; Ben Medina; Berdon Lawrence; Bill Summers; Billie Jones; Brenda Samford; Buck Boettcher; Buddy Power; Charles Thomas; Claudia Lobell; David Schroeder;; Doug Pitcock; 'Eckels, Robert A.'; Harold Gleinser; Hawley Judy;;; 'Jeff Moseley'; Jim Edmonds;; John Windham; Jorge Verduzco; Judge Carlow; Judge Thompson;;; Mayor Jack Gorden;; Mike Allen; Mike Behrens; Nelda Martinez; Nelda Martinez;; 'Pat Townsend'; 'Perri D'Armond';;;;;; David A. Garcia; Rudy Garza; Bob Lanham; Gary Kuhn; Jim Dannenbaum; Sonny Brown; Edward Martinez; Gary Bushell; Irina Emerson; Jan Shandley; Kara Atwood; Larry Meyers; 'Renee Thompson'; Tammy Head; 'Theresa Rodriguez'; Alan Clark; Arnold Saenz; Chandra Spenrath; Cindy Leleko; David Garza;; 'Hawley Judy'; James Carlow; James McAllen; Jim Edmonds; Jim Gonzales; John P. Thompson; Nolan
Alders; Steve Stewart; Trey Duhon; Will Armstrong_

Subject: FW: SB 17 Buyout

Amendment Memo

Below is an update on efforts to address concerns that the buyout provisions in SB17 could be detrimental to the development of I-69. It appears that an agreement has been made by legislative leaders to modify the language in SB17 in a manner that will enable the signing of the I-69 CDA to proceed.

Thank you to all the individuals that have communicated with legislators on this matter
on behalf of the Alliance for I-69 Texas.

Jennifer Shepard
Executive Director
Alliance for I-69 Texas
Phone/Fax 703-580-4416
Phone (512) 478-6661 • Fax (512) 478-6662 • Cell (512) 350-8652
Date: May 20, 2009
To: Membership Alliance for I-69 Texas

From: Gary Bushell
Gary Bushell, L.L.P.

Subject: SB 17 Buyout Amendment

I am pleased to report that we have reached an agreement with Senator Nichols on a buyout provision that allows the private sector equity investor to negotiate a provision in the CDA that provides protection of their position in the event they find themselves upside down on their debt to fair market value ratio at a buyout interval. I am recommending that we accept this provision.I will approach Representative ToddHunter to ask legislative counsel to prepare a floor amendment to SB 17 based on thisprovision. This provision plus the exemption amendments we saw passed last week should allow the I-69 CDA to go forward absent any other unforeseen adverse events.

I want to thank Senator Robert Nichols and his Chief of Staff, Steven Albright, for
making this outcome possible. They took our concerns seriously and guided us to a
solution. (See attached provision)

Gary Bushell
Attorney/Government Consultant
The TAC Building, Suite 204
1210 San Antonio Street
Austin Texas 78701
Phone (512)478-6661
Fax (512)478-6662
Cell (512)350-8652

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