DOÑA ANA COUNTY
NEW MEXICO
NOTICE OF PUBLIC OUTREACH EVENTS FOR THE NOTICE OF INTENT TO CONSIDER INDUSTRIAL REVENUE BOND ORDINANCE
Notice is hereby given of the following public outreach events to discuss the project(s) proposed for the below proposed ordinance.
Friday September 5, 2025 from 5:30 PM at the La Mesa Community Center, located at 744 San Jose Rd, La Mesa NM 88044.
Monday, September 8, 2025, from 5:30 PM at Doña Ana Community College East Mesa Campus, located at 2800 Sonoma Ranch, Las Cruces NM 88011.
Tuesday, September 9, 2025, from 5:30 PM at Doña Ana Community College, located at 3365 McNutt Rd, Sunland Park NM 88063.
Wednesday, September 10, 2025, from 6:00 PM at the NM Farm & Ranch Heritage Museum, located at 4100 Dripping Springs, Las Cruces NM 88011.
Thursday, September 11, 2025, from 5:30 PM at the Placitas Community Center, located at 241 Monticello Drive, Hatch NM 87937.
These are in-person events. All members of the public are invited to attend. The title of the proposed Ordinance is:
DOÑA ANA COUNTY, NEW MEXICO
BOARD OF COUNTY COMMISSIONERS
AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF DOÑA ANA COUNTY, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (PROJECT JUPITER), SERIES 2025A, SERIES 2025B AND SERIES 2025C, COLLECTIVELY IN A MAXIMUM, AGGREGATE PRINCIPAL AMOUNT UP TO $165,000,000,000 (THE "BONDS") IN CONNECTION WITH THE DEVELOPMENT OF PROJECT JUPITER, WHICH IS ANTICIPATED AS CONSISTING OF THE ACQUISITION, DEVELOPMENT, INSTALLATION, CONSTRUCTION AND EQUIPPING OF POWER GENERATION, BATTERY STORAGE AND A MICROGRID FACILITY, THE ACQUISITION, DEVELOPMENT, INSTALLATION, CONSTRUCTION AND EQUIPPING OF FOUR ANTICIPATED DATA CENTER FACILITIES, AND THE EQUIPPING OF THOSE SAME DATA CENTER FACILITIES BY THE TENANT OF THOSE DATA CENTER FACILITIES, ALL OF WHICH TO BE LOCATED WITHIN THE BOUNDARIES OF THE COUNTY, BUT OUTSIDE THE BOUNDARIES OF ANY INCORPORATED MUNICIPALITY, FOR USE BY YUCCA GROWTH INFRASTRUCTURE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES A, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES B, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES C, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES D, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND GREEN CHILE VENTURES LLC, A DELAWARE LIMITED LIABILITY COMPANY, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS; AUTHORIZING THE EXECUTION AND DELIVERY OF INDENTURES, LEASES, BOND PURCHASE AGREEMENTS, THE BONDS AND OTHER DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PROJECT; AUTHORIZING PAYMENTS IN LIEU OF TAXES TO THE COUNTY BY THE PROJECT COMPANIES; AND MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE BONDS AND THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE.
As proposed in the Ordinance: (1) the Bonds will be issued under the authority of the New Mexico County Industrial Revenue Bond Act, Chapter 4, Article 59, NMSA 1978, as amended; (2) the proceeds of the bonds will finance the construction, development, equipping and acquisition of a hyperscale, artificial intelligence (AI) data center campus, power generation, battery storage and microgrid facilities, and related infrastructure and facilities, located within the County for use by Yucca Growth Infrastructure, LLC, a Delaware limited liability company, Red Chiles A, LLC, a Delaware limited liability company, Red Chiles B, LLC, a Delaware limited liability company, Red Chiles C, LLC, a Delaware limited liability company, Red Chiles D, LLC, a Delaware limited liability company, and Green Chile Ventures LLC, a Delaware limited liability company (collectively, the "Companies"); and (3) the Project will be leased to the Companies.
Under the terms of the lease agreements (the "Leases"), each of which would be between the County and one of the Companies, each respective Company will be obligated to pay rent for the respective portion of the Project that is leased to that Company sufficient to pay, when due, the principal of, interest on and redemption price, if any, of the Bonds and to make certain other payments as provided in each Lease. The Bonds will be issued pursuant to indentures (the "Indentures") among the County, each bond purchaser and a depository. The Bonds will be sold to bond purchasers pursuant to the terms of proposed Bond Purchase Agreements.
THE PRINCIPAL OF, INTEREST ON AND REDEMPTION PRICE OF THE BONDS WILL NEVER CONSTITUTE AN INDEBTEDNESS OF THE COUNTY WITHIN THE MEANING OF ANY PROVISION OR LIMITATION OF THE CONSTITUTION OF NEW MEXICO. THE BONDS WILL NEVER CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY OF THE COUNTY OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS.
The Bonds will mature, bear interest, be subject to prior redemption and certain other terms and provisions all in accordance with the respective indenture and the Ordinance.
A copy of the proposed Ordinance and the Leases, Indentures and Bond Purchase Agreements are available for inspection at the Office of the County Clerk, Doña Ana County Government Center, 845 N. Motel Blvd., Las Cruces, New Mexico 88007 during regular business hours.
September 5 2025
LACO0364143