DOÑA ANA COUNTY, NEW MEXICO
NOTICE OF INTENT TO ADOPT
INDUSTRIAL REVENUE BOND ORDINANCE
Notice is hereby given of the title and general subject matter contained in ordinances which the Board of County Commissioners of Doña Ana County, New Mexico, the governing body of the County, intends to adopt at a meeting on Tuesday, January 27, 2026, at the hour of 9:00 a.m. at Commission Chambers, Doña Ana County Government Center, 845 N. Motel Blvd., Las Cruces, New Mexico relating to the authorization, issuance and sale by Doña Ana County, New Mexico of its industrial revenue bonds.
The title of the proposed Ordinance is:
DOÑA ANA COUNTY, NEW MEXICO
BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. _______
AUTHORIZING THE ISSUANCE AND SALE OF DOÑA ANA COUNTY, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (RIO GRANDE SOLAR LLC PROJECT), IN A MAXIMUM PRINCIPAL AMOUNT OF UP TO $4,040,000 IN ONE OR MORE SERIES TO PROVIDE FUNDS TO FINANCE THE EQUIPPING OF AN INDUSTRIAL REVENUE BOND PROJECT FOR USE BY RIO GRANDE SOLAR LLC OR ITS SUCCESSORS OR ASSIGNS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE, A BOND PURCHASE AGREEMENT, THE BONDS AND OTHER DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND THE PROJECT; AUTHORIZING A PAYMENT IN LIEU OF TAXES TO THE COUNTY AND THE SCHOOL DISTRICTS LOCATED WITHIN THE COUNTY BY THE PROJECT COMPANY; 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 acquisition of equipment for a solar power generation facility in Doña Ana County, New Mexico (the "Project") for use by Rio Grande Solar LLC (the "Company"); and (3) the Project will be leased to the Company.
Under the terms of a proposed Lease Agreement (the "Lease") between the County and the Company, the Company will be obligated to pay rent for the Project 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 the Lease. The Bonds will be issued pursuant to an Indenture (the "Indenture") among the County, the bond purchaser and a depositary. The Bonds will be sold to a bond purchaser pursuant to the terms of a proposed Bond Purchase Agreement.
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 OR STATUTES OF THE STATE 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 contain other terms and provisions all in accordance with the respective Indenture and the Ordinance.
This notice is given pursuant to Section 4-37-7 NMSA 1978.
January 12 2026
LACO0437294