ORDINANCE NO. 2024-01

NOTICE OF ADOPTION OF ORDINANCE
NEW MEXICO MUNICIPAL ENERGY ACQUISITION AUTHORITY

Notice is hereby given of the title and of a general summary of the subject matter contained in an Ordinance, duly adopted and approved by the New Mexico Municipal Energy Acquisition Authority (“NMMEAA”) on December 30, 2024. Complete copies of the Ordinance are available for public inspection during the normal and regular business hours of Modrall, Sperling, Roehl, Harris & Sisk, P.A., bond counsel to the Authority, at 500 Fourth Street N.W., Suite 1000, Albuquerque. New Mexico, and from the Treasurer of the Authority at the Office of the City Clerk, 800 Municipal Drive, Farmington, New Mexico.
The Title of the Ordinance is:

ORDINANCE NO. 2024-01

AN ORDINANCE OF THE NEW MEXICO MUNICIPAL ENERGY ACQUISITION AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF ITS GAS SUPPLY REVENUE REFUNDING BONDS, SERIES 2025 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $895,000,000 (THE “SERIES 2025 BONDS”) TO PAY COSTS OF REFUNDING THE AUTHORITY’S GAS SUPPLY REVENUE REFUNDIING AND ACQUISITION BONDS, SERIES 2019, AND TO PAY COSTS OF ISSUANCE OF THE SERIES 2025 BONDS; PROVIDING FOR THE ISSUANCE OF THE SERIES 2025 BONDS PURSUANT TO AN AMENDED AND RESTATED TRUST INDENTURE BETWEEN THE AUTHORITY AND COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, AS SUCCESSOR TO WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE (THE “INDENTURE”); PROVIDING FOR THE PAYMENT OF THE SERIES 2025 BONDS FROM THE REVENUES DERIVED FROM AMENDED GAS SUPPLY AGREEMENTS BETWEEN THE AUTHORITY AND THE LAS CRUCES UTILITY BOARD ON BEHALF OF THE CITY OF LAS CRUCES, THE CITY OF FARMINGTON AND THE INCORPORATED COUNTY OF LOS ALAMOS, NEW MEXICO (EACH A “GAS PURCHASER”), AND SUCH OTHER REVENUES AND FUNDS AS ARE PLEDGED TO SUCH PAYMENT UNDER THE INDENTURE; AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO THE PREPAID NATURAL GAS SUPPLY AGREEMENT AND AMENDMENTS TO THE GAS PURCHASE AND SALE AGREEMENTS BETWEEN THE AUTHORITY AND THE GAS PURCHASERS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTATION PREVIOUSLY ENTERED INTO BY THE AUTHORITY; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT FOR THE REFUNDING PROJECT; DELEGATING AUTHORITY TO CERTAIN OFFICERS OF THE AUTHORITY TO DETERMINE THE FINAL TERMS OF THE SERIES 2025 BONDS AND FEATURES OF THE TRANSACTION DOCUMENTS PURSUANT TO A PRICING CERTIFICATE AND BOND PURCHASE AGREEMENT TO BE EXECUTED AND DELIVERED BY SUCH OFFICERS; APPROVING THE PREPARATION, DISTRIBUTION AND USE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT FOR THE SERIES 2025 BONDS; MAKING FINDINGS RELATED TO THE FOREGOING; PROVIDING THAT, IF ONE OR MORE OF THE GAS PURCHASERS DETERMINES NOT TO PARTICIPATE IN THE 2025 TRANSACTION, THIS ORDINANCE AND THE RELEVANT TRANSACTION DOCUMENTS WILL BE AMENDED OR MODIFIED BY A SUPPLEMENTAL RESOLUTION TO REFLECT THE PARTICIPATION OF THE PARTICIPATING GAS PURCHASERS; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE AND THE ISSUANCE OF THE SERIES 2025 BONDS AND RELATED MATTERS.

A general summary of the subject matter of the Ordinance is contained in its title. This Notice constitutes compliance with Section 6-14-6 NMSA 1978.

PUBLISHED IN THE LOS ALAMOS DAILY POST THURSDAY JANUARY 2, 2025